that the petitioner had retired from the services of the Government. The petitioner obtained the employment in 1983 in Class II service of the Education Department on the basis that he belongs to Tokre Koli Scheduled Tribe. Though the claim was invalidated and the order of reversion was passed, that came to be stayed and by the Government itself. Later on, Mr. Savagave submits that the Division Bench has held that it is not possible now to go into an academic issue, as the petitioner has retired from the service. Since his claim is invalidated, he need not be treated as Scheduled Tribe candidate. However, the court observes that he has rendered long years of service and therefore, the Division Bench directed the State to release the petitioner his retiral benefits. The petitioner, thereafter, will not claim any benefit on the basis as belonging to Scheduled Tribe is the observation in the order and which has been misinterpreted and misread, according to Mr. Savagave. He would submit that there is nothing in any rules and regulations, particularly the Maharashtra Civil Services (Pay) Rules, 1981, which would enable the respondents to deny him the revised pay-scale, revised computation of pensionary benefits and difference/arrears accordingly. Mr. Savagave, therefore, submits that the writ petition be allowed.
