STATE OF TAMIL NADU Vs. V JESUDOSS

JUDGEMENT

(1.) THE first respondent,V. Jesudoss, was a teacher in M.C.C.R.S.L.Primary School, Tambaram. After 15 years of service, he resigned on 31.10.1977. He requested to sanction pension, which was rejected by Accountant General (Accounts and Entitlements), Tamil Nadu, Madras, by proceedings in Pen.24/III/J.10-151/98-99/ADK/120 dated September 1998. THE first respondent was informed that the pension scheme of teaching staff of aided school was introduced by G.O.Ms.No.1109, Education dated 31.5.1958 and the crucial date was fixed as 31.5.1958. As he resigned his post on 31.10.1977, which is after the crucial date, i.e. after the introduction of the pension scheme, he is stated to have lost his past service and thereby, the pensionary benefits also.

(2.) THE first respondent challenged the same before this Court in W.P.No,5483 of 1999. THE learned Judge, by the impugned order dated 4.1.2000, taking into consideration the unreported order of this Court dated 14.3.1997 made in W.P.No,3066 of 1995, allowed the writ petition and directed the appellants to sanction pension to the first respondent within six months, without interest. But, on failure, it was ordered to pay interest at the rate of 6% from the date of this order to till the date of payment.

(3.) WE have heard the learned counsel for the parties and perused the records.