ORAL JUDGMENT R. M. LODHA, J. :- By this writ petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 26-111990 whereby the first respondent has refused to take into consideration 15 years of service put in by the petitioner in aided non-Government recognised secondary schools for pensionary benefits. The petitioner prays that the respondents be directed to condone the breaks in the petitioners 15 years service as teacher in aided non-Government secondary schools so that by adding 15 years service to her present pensionable service of 23 years as lecturer she could be granted higher pension having put in 38 years of service. 2. The petitioner is a qualified trained teacher. She joined Waghire High School, Saswad, Dist. Pune as trained teacher with effect from 11-6-1951. She continued to serve the said school as trained teacher upto 9-6-1963. She resigned on 10th June, 1963 and upto 6-11-1963 there was break in service on account of resignation. From 7-11-1963 to 7-6-1964 the petitioner worked as temporary part-time teacher in aided non-Government H.H.C.P. High School, Pune. It appears that from 8-6-1964 to 18-11-1964 the petitioner remained unemployed and got employment as full-time teacher from 19-11-1964 in non- Government Mahatma Jyotirao Phule High School, Pune where she worked upto 6-6-1965. For the period from 7-6-1965 to 31-5-1966 the petitioner was employed as part-time teacher in the aforesaid Mahatma Jyotirao Phule High School, Pune. Thereafter, from 1-6-1966 to 19-6-1966 the petitioner was unemployed and joined as lecturer in the College of Education at Nasik with effect from 20th June, 1966. The petitioner retired as lecturer with effect from 31-1-1990 after continuous service after about 23 years in the non-Government aided college. The petitioners pension was computed on the basis of the Government resolution dated 7th March, 1986 by taking into consideration 23 years of service put in by the petitioner as lecturer. However, as according to the petitioner, while computing the length of service, the first respondent did not take into consideration 15 years of service put in by the petitioner as teacher in the non-aided schools due to various breaks, the petitioner appears to have made a representation to the Director of Education for redressal of her grievance which was rejected on 21-10-1991. The petitioner thereafter has filed the present writ petition. 3. The petitioner thereafter has filed the present writ petition. 3. There appears to be no dispute about the actual service put in by the petitioner as teacher in aided non-Government secondary schools and various breaks in the service prior to the joining as lecturer in the College of Education at Nasik with effect from 20th June, 1966. It would be convenient to refer to the period of actual service put in by the petitioner as teacher in the aided non-Government secondary schools and various breaks in service for the period from 11-6-1951 to 19-6-1966 which is thus- "(1) 11-6-1951 to 9-6-1963 - (12 years service at Waghire High School, Saswad. (2) 10-6-1963 to 6-11-1963-(4 months and 26 days brake on account of resignation). (3) 7-11-1963 to 7-6-1964 (7 months) Part time service at Pune. (4) 8-6-1964 to 18-11-1964 (5 months & 10 days brake because of unemployed.) (5) 19-11-1964 to 6-6-1965 (6 months 17 days) Full time teacher at Pune. (6) 7-6-1965 to 31-5-1966 (11 months & 24 days) Part time teacher at Pune. (7) 1-6-1966 to 19-6-1966 (19 days) brake as unemployed," 4. By order dated 16-2-1970 the Deputy Director of Education, Bombay Region passed an order fixing the pay of the petitioner and it does seem therefrom that some of the period of break in service has been taken into consideration for fixation of her pay. 5. By Government resolution dated 4th November, 1968, the State Government considered the question of application of pension, gratuity and other retirement benefits to the teaching staff in recognised and aided non Government secondary schools in Maharashtra and directed that the pension, gratuity and other retirement benefits admissible to the Maharashtra State Government Servants under the revised Pension Rules, 1950 and the other relevant rules at the Government resolutions shall be applicable to the full-time teaching staff who retired on or after 1st April, 1966. As regards computation of the length of qualifying service in the said Government resolution, it has been provided thus - "7. As regards computation of the length of qualifying service in the said Government resolution, it has been provided thus - "7. In computing the length of the qualifying service for pension under the scheme, all previous service, whether temporary, officiating or permanent either in one or more than one non-Government Secondary School, shall be taken into account, Subject to the general condition (hat the period of each break does not exceed 6 months and the total period of six breaks hereinafter referred to do not exceed two years, breaks in service on account of any of the reasons listed below not exceeding six in number, should not be treated as interruptions entailing forfeiture of past service :- (1) Break in service on account of resignation of the teacher from a non- Government Secondary School, provided it is followed by his taking up service as a teacher in another recognised non-Government Secondary School and is not intervened by his taking employment in any other capacity. Out of the maximum number of six breaks that can be condoned, nor more than three breaks should however be on account of such resignations." 6. Subsequently, in continuation of the Government resolution dated 4-11-1968, another resolution was issued by the State Government on 12th November, 1976 and provision was clarified for condonation of breaks in relaxation of condition of para 7 of Government resolution dated 4-11-1968. The relevant provision thereof reads thus- "Conditions required to be fulfilled for condonation of breaks in relaxation of the provisions of para 7 of Government Resolution, Education and Social Welfare Department No. SSN 3365/G, dated 4th November, 1978 and para 7 of Government Resolution, Education Department No. 1369/9980/G, dated 30th August, 1972. (1) Breaks after 30-9-1974 in respect of teachers and after 31-12-1975 in respect of non-teaching staff should not be condoned. (2) The number of breaks inclusive of technical breaks should not exceed 10, of which not more than 4 breaks should be due to resignation. (3) The interruption in service, should have been caused on any of the following grounds :- (a) Un-employment. (b) Part-time service (due to non-availability of full time employment). (c) Participation in freedom struggle." 7. (2) The number of breaks inclusive of technical breaks should not exceed 10, of which not more than 4 breaks should be due to resignation. (3) The interruption in service, should have been caused on any of the following grounds :- (a) Un-employment. (b) Part-time service (due to non-availability of full time employment). (c) Participation in freedom struggle." 7. Thereafter the Government issued further resolution in continuation of the earlier resolutions on 25-4-1979 regarding condonation of breaks in service for the purpose of pay fixation and pension to the teaching staff in non-Government secondary schools in the State of Maharashtra. The provision for the condonation of breaks for the purpose of pension made in the said circular reads thus - "(B) Condonation of breaks for the purpose of Pension:- According to the orders issued by Govt. under Govt. Resolution referred to at Sr. Nos. vi & vii above, certain powers have been delegated to the pension sanctioning authorities, the Regional Dy. Director of Edn./Dy. Director of Technical Education and certain addl. powers, over and have the powers delegated to the Pension Sanctioning Authorities, are exercised by the Secretary to Govt. Edn. & Employment & Y. S. Deptt., Taking into consideration the fact that the existing orders provide reasonable relief in all conceivable types of cases. Govt. had decided that the position whether the existing orders in regard to condonation of breaks-physical or otherwise (owing to part -time service interposed between two spans of full-time service) need any further relaxation should be further reviewed separately and decided after the issue of these orders." 8. Vide Government resolution dated 21st July, 1983, the State Government directed that the pension, gratuity and other retirement benefits admissible to the Maharashtra State Government Servants under the Maharashtra Civil Services (Pension) Rules 1982 including the Family Pension, 1964 shall be applicable to the full-time approved teaching and non-teaching staff in recognised aided non-Government Colleges and the non-Agricultural Universities who retire or retired on or after 1st October, 1982. 9. The Government resolution dated 21st July, 1983 was further clarified by resolution dated 7th March, 1986. In regard to the condonation of break in service and the competent authority to condone the breaks, the Government made following clarifications :- "2. 9. The Government resolution dated 21st July, 1983 was further clarified by resolution dated 7th March, 1986. In regard to the condonation of break in service and the competent authority to condone the breaks, the Government made following clarifications :- "2. In case an employee after putting in certain service in a secondary school or schools joins a senior college and retires, the Director of Education (Higher Education), Maharashtra State, Pune, shall be the competent authority to condone break or breaks in service. 4. The maximum number of breaks condonable shall be six in all. The total period of such breaks shall not exceed the period of two years and each break shall not be more than a year. Out of the total number of six breaks, not more than three breaks due to resignation shall be condoned." 10. Mr. Joshi, learned counsel for the petitioner raised two-fold submissions viz. (i) that the order dated 26-11-1990 denying the computation of 15 years of service put in by petitioner in aided non-Government recognised secondary schools was passed by respondent No. 1 which it has no competence to pass; and (ii) that once the Deputy Director of Education by order dated 16-21970 fixed the pay of the petitioner taking into consideration the entire service rendered by her in school from 1-11-1959 including the breaks in service, while computing the length of service, the entire service period of 15 years put in by petitioner in the secondary schools ought to have been included. In this connection he referred to the aforesaid Government resolutions, particularly, para 2(d) of the Government resolution dated 21st July, 1983. 11. On the other hand Mr. Nargolkar, learned A.G.P. supported the order dated 26-11-1990 and submitted that there is no legal infirmity in the said order. 12. In this connection he referred to the aforesaid Government resolutions, particularly, para 2(d) of the Government resolution dated 21st July, 1983. 11. On the other hand Mr. Nargolkar, learned A.G.P. supported the order dated 26-11-1990 and submitted that there is no legal infirmity in the said order. 12. As regards the first contention raised by the learned counsel for the petitioner that the first respondent i.e. the State Government has no competence to pass the order dated 26-11-1990 denying the benefit of the service put in by petitioner in aided non- Government secondary school is concerned, suffice it to say that the State Government is the authority liable to pay pension to the petitioner and therefore, ultimately, it is the State Government who is required to compute the pension payable to the petitioner on the basis of the length of service and therefore, the order dated 26-11-1990 cannot be faulted on that ground. As regards the second contention raised by the learned counsel for petitioner, we find that the said contention also has no merit. Admittedly, the petitioner joined aided non-Government college as lecturer on 20th June, 1966 and retired as such in the year 1990. As the petitioner retired from the non-Government college, the pensionary benefits to the petitioner could only be computed as per the Government resolution dated 21-7-1988 and the further Government resolution dated 7-3-1986. The Government resolutions dated 4-11-1968 and 12-11-1976 have no application to the petitioner as the said Government resolutions are applicable only to the teachers who retired from non-Government secondary schools. The case for condonation of breaks in petitioners service has therefore, to be considered only under the Government resolution dated 21-7-1983 and the further Government resolution dated 7-3-1986. Paragraph 2(d) of Government resolution dated 21st July, 1983 upon which reliance was placed by Mr. The case for condonation of breaks in petitioners service has therefore, to be considered only under the Government resolution dated 21-7-1983 and the further Government resolution dated 7-3-1986. Paragraph 2(d) of Government resolution dated 21st July, 1983 upon which reliance was placed by Mr. Joshi reads thus - "(d) in computing the length of qualifying service for pension under this scheme all previous service in a clear vacancy whether temporary officiating or permanent either in one or more than one aided non-Government Arts, Science, Commerce and Education Colleges, as well as non-Agricultural Universities in the State, the aided non-Government higher secondary Schools as well as the aided Secondary Schools in the State shall be taken into account, subject to the general conditions that the period of break has already been condoned by the competent authority and further the pay of such employee has been fixed accordingly after taking into consideration the various orders issued by Government from time to time." 13. The said clause has no application as this clause deals with, computation of the length of qualifying service of pension by providing that previous service in a clear vacancy whether temporary, officiating or permanent either in one or more than one aided non-Government college as well as non-Agricultural Universities in the State and aided non-Government higher secondary schools and the aided secondary schools shall be taken into consideration subject however to the condition that the period of break has already been condoned by the competent authority and the pay of such employee has been fixed accordingly. The situation contemplated in para 2(d) is not available in the facts of the present case. The case of the petitioner is clearly covered by clarification made by the State Government in para 4 of the Government resolution dated 7th March, 1986 which reads thus- "The maximum number of breaks condonable shall be six in all. The total period of such breaks shall not exceed the period of two years and each break shall not be more than a year. Out of the total number of six breaks, not more than three breaks due to resignations shall be condoned. " 14. The total period of such breaks shall not exceed the period of two years and each break shall not be more than a year. Out of the total number of six breaks, not more than three breaks due to resignations shall be condoned. " 14. When we look at the breaks in petitioners service as teacher in aided non-Government secondary school, we find that such breaks, though are six in number but exceeds the period of two years and, therefore, the breaks in service is not condonable under the relevant Government resolution. Moreover, we may point out that while passing the order dated 16-2-1970 fixing the pay of the petitioner, the Deputy Director of Education has not taken the entire period of break into consideration and the entire period of break in service as referred to hereinabove was not condoned. 15. For all these reasons, we do not find any merit in the writ petition it is dismissed with no order as to costs. Petition dismissed.