Judgment :- (Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the third respondent in Letter No.27431/Cts.IV/2004-2005 dated 8.4.2005, quash the same and consequently direct the respondents to count the past services of the staff members of the Tamil Nadu State Legal Services Authority and its constituent units prior to 1.11.1997 rendered to the erstwhile Tamil Nadu State Legal Aid and Advice Board for the purposes of pension and other terminal benefits.) 1.00. The Tamil Nadu State Legal Services Authority was constituted through G.O.Ms.No.1577 Home (Courts-IV) Department, dated 29.10.1997 and the existing staff working with the Tamil Nadu Legal Aid and Advice Board, which was established under G.O.Ms.No.3048 (Home) were absorbed on the same scales of pay with effect from 1.11.1977 in the State Legal Services Authority so also in the District Legal Services Authority and Taluk Legal Services Committees. It is an admitted fact. 2.00. The petitioners are the employees of the said Authority and the prayer of the petitioners is to count their past services in the board. When their past service is not considered, they made a request and considering the plight of the petitioners, the Registrar General of this Court being the major head of the department, in letters No.86/2004/RG, dated 3.12.2004 and 21.2.2005 addressed the State for passing the reasonable orders. 3.00. The Secretary to Government, Home (CTS-IV), Department, Secretariat in his letter No.27431/CTS.IV/2004-5 dated 8.4.2005 rejected the request of the Registrar General on the ground that the State Government has resorted to a Contributory Pension Scheme for all new employees with effect from 1.4.2003 and in view of the above position, the request of the staff members cannot be complied. 4.00. The same is now under challenge. 5.00. The admitted facts are on 3.12.1976, The Tamil Nadu Legal Aid and Advice Board was established and the staffs were appointed. While so on 11.10.1987, the Parliament has enacted the Legal Services Authorities Act throughout the country and the Central Government notified the same on 9.11.1995 and thereafter, the 9th November, 1995 is celebrated as Legal Services day. The free legal services are provided throughout the country and it is for the amicable settlement of disputes between the citizens and is receiving appreciation all over. 6.00. The free legal services are provided throughout the country and it is for the amicable settlement of disputes between the citizens and is receiving appreciation all over. 6.00. On 24.11.1997, the Member Secretary of the Tamil Nadu State Legal Services Authority requested the Secretary to Government (Finance) for introduction of GPF Scheme of the staff working with the Legal Services Authority. The Government in their reply dated 5.2.1998 requested to furnish all the details with regard to the date of absorption of the employees with the Board from 1.11.1997. By the letter dated 20.2.1998, it is clarified that the Board is functioning as an "instrumentality" of the Government and the legal service programmes are in vogue and the staff are working from the date of the establishment of the Legal Aid Advice Board i.e. on 3.12.1976. 7.00. Since the third respondent did not consider the request of the Registrar General of this Court the petitioners have no other option except to seek the writ direction. 8.00. The respondents have filed a counter affidavit and it is admitted in paragraph-3, that under Article 39-A of the Constitution of India through 42nd Amendment the Tamil Nadu State Legal Aid and Advisory Board under the Tamil Nadu Societies Registration Act, 1975 (TN Act 27 of 1975) was established in April, 1977 and funds were provided by the State for conducting legal services such as Legal aid, Lok Adalat and Legal Literacy. It is also an admitted fact that the Legal Aid Advise Board was provided with staff and appointment of employees. It is also admitted with regard to the constitution of the Legal Services Authority with the Member Secretary, in the rank of District & Sessions Judge with supporting staff. There is also a High Court Legal Services Committee and at the District level, the District Legal Services Authorities and in the Taluk level, the Taluk Legal Services Authorities are functioning and the erstwhile staff of board are absorbed. In paragraph-10 of the counter, it is stated that neither any provision nor any rule is framed with regard to the service conditions of the staff of the Tamil Nadu State Legal Services Authority and in the absence of any such rule, the respondents cannot request for counting their previous service. 9.00. In paragraph-10 of the counter, it is stated that neither any provision nor any rule is framed with regard to the service conditions of the staff of the Tamil Nadu State Legal Services Authority and in the absence of any such rule, the respondents cannot request for counting their previous service. 9.00. In paragraph-13, it is stated that the matter was actively considered but in view of the fact that the Government has introduced a Contributory Provident Fund Scheme to the newly recruited staff, the request was not considered. 10.00. Heard both sides. 11.00. In the instant case, the admitted fact is the employees in the Legal Services Authority are working from 3.12.1976 and they are not the new recruits. 12.00. Mr. Jayaraman, the learned counsel appearing for the petitioner drawn the attention of the Court to the Rules and Regulations framed by the State of Andhra Pradesh for the Andhra Pradesh State Legal Services Authority through the Gazette Notification dated 1.1.2000. While creating the posts in the said authority, all care is taken in respect of the conditions of service. Rule 18 of those Rules says that the fundamental Rules, the Subsidiary Rules there under, Civil Service Regulations, C.S.C., & C.C.A. Rules, which are applicable to the employees of the Government shall govern the members of the legal service. Sub Rule 2 says of the above clarifies that "where any member of the services was in the service of the former Andhra Pradesh State Legal Aid and Advice Board and the Andhra Pradesh High court Legal Aid and Advice Committee immediately prior to the constitution of the Andhra Pradesh State Legal Services Authority and the Andhra Pradesh High Court Legal Services Committee such service shall be reckoned for all purposes subject to any rules and orders issued by the Government of Andhra Pradesh in that behalf from time to time." (EMPHASIS SUPPLIED). 13.00. Thus it is clear that in view of the specific rules issued in the year 2000 in the State of Andhra Pradesh, the employees working in the said Legal Services Authority are enjoying all the service benefits including the past services whereas in this State the employees of the Legal Service Authority, whose primary duty is to provide legal service, are forced to seek legal service from this Court as there is no other alternative. 14.00. 14.00. Mr.S.Ramaswamy, the learned Additional Advocate General appearing for the respondents has very fairly stated that the Government is actively considering the matter and will look after the welfare of the employees of the State Legal Services Authority. While appreciating the submission, this Court is of the considered opinion that necessary direction is to be given to the State to frame rules, which are necessary for taking care of the service conditions of the employees in the legal service authority strictly in accordance with the Fundamental Rules, Subsidiary Rules and the Civil Service Regulations etc., which are applicable to the employees of the Government of Tamil Nadu. Therefore, a copy of this order is marked to the Chief Secretary of the State to issue necessary directions to the concerned authorities in the Home Department and in the Law Department to frame rules in consultation with the State Legal Services Authority immediately and preferably within three months from the date of receipt of a copy of this order, so that the service conditions of the employees working in the State Legal Services Authority will be streamlined and systematized. 15.00. Mr. Jayaraman, learned counsel for the petitioner has also drawn the attention of the observations of the Apex Court reported in 2004(2) SCC 150 (UNION OF INDIA AND ANOTHER VS. S.B.VOHRA AND OTHERS), wherein their Lordships was pleased to observe in paragraph-46 as follows: "In no unmistakable terms suggest that it is the primary duty of the Union of India or the State concerned normally to accept the suggestions made by a holder of a high office like a Chief Justice of a High Court and differ with his recommendations only in exceptional cases. The reason for differing with the opinion of the holder of such high office must be cogent and sufficient. Even in case of such difference of opinion, the authorities must discuss amongst themselves and try to iron out the differences. The appellant unfortunately did not perform its own duties. " 16.00. In the instant case, the third respondent has repeated his usual bureaucratic approach ignoring the concept of democracy and is nothing but autocracy by the Secretary to Government, Home (CTS-IV). The Registrar General of High Court has addressed a letter and the same is referred as No.2 in the impugned reply. " 16.00. In the instant case, the third respondent has repeated his usual bureaucratic approach ignoring the concept of democracy and is nothing but autocracy by the Secretary to Government, Home (CTS-IV). The Registrar General of High Court has addressed a letter and the same is referred as No.2 in the impugned reply. The Registrar General would not act on his own and it is as per the directions of the Lord Chief Justice or by the Full Court. The Honourable The Chief Justice is the Patron in Chief of the State Legal Services Authority. The content of the letter is to inform the Government to take care of the conditions of service of the staff in the Legal Services Authority and a request is made. While so, the Secretary to Government without properly examining the issue and without valid reason took an absurd stand that the staff in the Legal Services Authorities are not eligible for the benefit as if they are new employees and the Contributory Pension Scheme is applicable to them and therefore, the request cannot be considered. The Court is taking serious note about it and the attitude of the official is in bad taste and not conducive for better governance and such highhanded approach may lead to confrontation, which is unhealthy and uncalled for. Hence, the Chief Secretary of the State is directed to issue necessary instructions to all concerned, working under him to follow the observations of the Honourable Supreme Court of India reported in para-46 of the judgment cited supra. 17.00. In the instant case, the petitioners are before this Court seeking legal redressal and it is due to the haste decision of the third respondent. In fact, the services of the petitioners are for providing legal services to the citizens and truly they are doing and the entire society is witnessing but when they are affected with the service problem, they have no other option except to approach this Court for legal service. How can the State deny the counting of past service to its permanent employee? Can the Secretary Home, the author of the impugned letter is prepared to give up all his past service and opt for continuing pension scheme? He, who gets an authority under law to do his duty is expected to be judicious even while discharging any administrative functions. Can the Secretary Home, the author of the impugned letter is prepared to give up all his past service and opt for continuing pension scheme? He, who gets an authority under law to do his duty is expected to be judicious even while discharging any administrative functions. Due to erratic administrative action, judicial review is becoming indispensable in this country. Otherwise our intervention is not necessary. That may be the reason for our Legal Service Authorities to take up legal literacy mission all over, to educate the people to know their rights, so that the officials will discharge their duties properly. The need of the hour is that citizen should know their rights and officials should know their duties. Till such time, there shall be no equality before law and equal justice and the innocent, the ignorant, illiterate and the whole lot of the poor will continue to suffer and it is not the democracy welfare or freedom which we dreamt, fought day and night and achieved. The Court is tempted to make these observations for the cause of common man, at the field level. 18.00. Both sides have fairly assisted this Court for disposal of the writ. Therefore, the third respondent is directed to issue necessary orders within two weeks from the date of receipt of a copy of this order counting the past service of all permanent employees as requested by the second and fourth respondents and consequently the impugned letter is quashed. Accordingly, the writ petition is allowed.