JUDGMENT - B.H. MARLAPALLE, J.:--- Heard advocates for the parties. Rule. Respondents waive service. By consent of the parties, Rule made returnable forthwith. 2. The petitioner was working as a Secondary School Teacher and he retiree on reaching the age of super-annuation on 26-5-1975. On his retirement he applied for pension but the same has not been received by him as yet. The petitioner has brought on record, a letter dated 26-10-987 addressed by the Accountant General, Nagpur to the respondents No. 3 and 4, and it is the grievance of the petitioner that no steps were taken by the said respondents in compliance of the said letter. However, by order dated 25-7-1995, the Deputy Director of Education, Aurangabad has called upon the Education Officer, Zilla Parishad, Aurangabad to take further steps to prepare the service book of the petitioner so as to settle his claim for pension as there was no response from the respondents in settling his pension, till 1995, the petitioner has approached this Court. 3. In response to the notice issued by this Court Officers from the office of the Deputy Director of Education, Aurangabad, remained present before us with the necessary record of the petitioner. It has been contended that as the petitioner has not completed the requisite service of 10 years as required under Rule 110 of the Maharashtra Civil Service (Pension) Rules, 1982, the claim of the petitioner could not be allowed. It is further contended that unless the petitioner has completed 10 years of service as a Secondary School Teacher, he is not entitled for pension under the said Rules. In support of their contentions, the officers on behalf of the respondents have brought on record, the copies of some Government Resolutions. However, the Govt. It is further contended that unless the petitioner has completed 10 years of service as a Secondary School Teacher, he is not entitled for pension under the said Rules. In support of their contentions, the officers on behalf of the respondents have brought on record, the copies of some Government Resolutions. However, the Govt. Resolution dated 27-8-1970 as brought out on record by the learned Counsel for the petitioner is clearly applicable to the case of the petitioner and the relevant paragraph is reproduced hereunder :- "In cancellation of the orders issued, vide Government letter, Education, Sports and Social Welfare Department No. SSN-1970-9516-G, dated the 6th June, 1970, Government is now pleased to direct that the service rendered in a full fledged Primary-School (Standards I-III) of the same management, by a teacher who was initially recruited as a Secondary teacher, but subsequently transferred by the management to its primary school, should be counted as qualifying service for the purposes of pension under the pension scheme sanctioned vide Government Resolution, Education and Social Welfare Department No. SSN-3365-G dated 4-11-1968, provided all the following conditions are fulfilled ...... ...... ....... ......." At page 24 of the petition at Exhibit C the petitioner has given all the details of his service right from 17-10-1955 till 25-5-1975, there is no dispute that from 1-7-1964 to 25-5-1975, the petitioner has worked as an Assistant teacher in Secondary schools. 4. The learned A.G.P. appearing for the authorities stated on instructions that the period from 4-3-1966 to 30-6-1968 during which the petitioner worked as Head Master at Night High School, Jalna is treated as a part time service. When we called upon the learned A.G.P. to submit the details in respect of this contention, it was submitted that the service has been treated as part time solely on the ground that the petitioner was working as Head Master of the Night High School, though the post of Head Master of Night High School is not a part time post. It is thus clear that the contention of the respondents that the petitioner has worked on a part time post from 4-3-1966 to 30-6-1968 is devoid of merits and it is hereby declared that the petitioner has worked as an Assistant teacher in Secondary School from 1-7-1964 to 3-3-1966 and his case is covered by the Govt. Resolution dated 27th August, 1970. Resolution dated 27th August, 1970. It is further declared that the petitioner is entitled for pensionary benefits as he has completed more than 10 years as an Assistant Teacher in Secondary School as required under Rule 110 of the Maharashtra Civil Service (Pension) Rules, 1980. 5. We accordingly direct the respondents to take steps to settle the claim of the petitioner for pension and other retiremental benefits and settle his claim within a period of three months from today. The arrears shall be paid with interest as per rules. Rule is made absolute accordingly with no order as to costs. Petition allowed.