Judgment :- 1. Writ Petition No.26022 of 2010 has been filed praying to issue a Writ of Mandamus directing the respondents to compute the service of the petitioner as Secondary Grade teacher from 13.11.1997 to 1.6.2003 in the 4th respondent school for pensionary benefits on the basis of the representation dated 30.10.2010 in the light of the order passed in W.P.21446 of 2010, dated 21.9.2010 in the case of M. Elangoven vs. The Director of School Education and others. 2. Writ Petition No.26023 of 2010 has been filed praying to issue a Writ of Mandamus directing the respondents to compute the service of the petitioner as Secondary Grade teacher from 2.6.1997 to 1.6.2003 for pensionary benefits on the basis of the representation dated 30.10.2010 in the light of the order passed in W.P.21446 of 2010, dated 21.9.2010 in the case of M. Elangoven vs. The Director of School Education and others. 3. Writ Petition No.26024 of 2010 has been filed praying to issue a Writ of Mandamus directing the respondents to compute the service of the petitioner as Secondary Grade teacher from 12.1.1998 to 1.6.2003 for pensionary benefits on the basis of the representation dated 30.10.2010 in the light of the order passed in W.P.21446 of 2010, dated 21.9.2010 in the case of M. Elangoven vs. The Director of School Education and others. 4. The petitioners are appointed as Secondary Grade Teachers with B.A., B.Ed., qualification in the respective management aided schools on 13.11.1997 to 1.6.2003, 2.6.1997 to 1.6.2003 and 12.1.1998 to 1.6.2003 respectively. The said appointments were not approved due to issuance of G.O.Ms.No.559, School Education Department, dated 1.7.1995. Number of persons approached this Court, including the petitioners, who filed writ petitions before this Court and challenged the said Government Order and the writ petitions were dismissed by this Court by order dated 19.5.1998. Against which, writ appeals were filed and the Division Bench of this Court in the judgment reported in 2002 WLR 173 (Secretary and Correspondent, Uswathun Hasana Oriental (Arabic) Girls High Secondary School, Pallapatti, Karur District vs. State of Tamil Nadu), held that the appointments made in the aided schools upto 19.5.1998 and those persons having no higher qualification shall be approved by evaluating a scheme by the Government. The government thereafter issued G.O.Ms.No.155, School Education (D2) Department, dated 3.10.2002, and ordered to give Child Psychology Training to such of those persons who were appointed from 11.7.1995 to 19.5.1998 and consequently the petitioners were also given Child Psychology Training and their appointments were approved with effect from 2.6.2003 onwards. The said Government Order was also challenged in a batch of cases before this Court and the Division Bench of this Court in the decision reported in 2004 (2) LW 591 (The State of Tamil Nadu & Others vs. Pallivasal Primary School), held that the teachers who were paid salary prior to the completion of Child Psychology Training need not be paid salary and such of those who were paid salary prior to the completion of Child Psychology Training cannot be recovered by the Government. The said order was confirmed by the Supreme Court. 5. The issue involved in these cases are regarding the applicability of the pension scheme to the petitioners taking note of the earlier service prior to 2.6.2003 for educational performance. The very same issue was considered by me in W.P.Nos.26933 and 26934 of 2007 and by order dated 23.4.2008, it was held that G.O.Ms.No.430, Finance Department, dated 6.8.2004, cannot be applicable to the persons appointed prior to 1.6.2003. Similarly placed persons like the petitioners having been appointed between the period from 17.5.1995 to 19.5.1998, they are entitled to get their service counted for the purpose of pension. The said order of mine was followed by P. Jyothimani, J., in W.P.(MD) No.1375 of 2010, dated 3.3.2010, K. Suguna, J., in W.P. (MD) No.5174 of 2008, dated 30.6.2008, S. Nagamuthu, J., in W.P.(MD) Nos.7263 & 7264 of 2008, dated 16.12.2008, M. Sathyanarayana, J., in W.P.(MD) No.10447 of 2008, dated 16.7.2009 and recently I have passed an order in W.P.No.21446 of 2010, dated 21.9.2010. 6. The learned counsel for the petitioners submitted that the said order made in W.P.Nos.26933 & 26934 of 2007, dated 23.4.2008 are already implemented by the Government by issuing G.O.Ms.No.413, Finance (PGC) Department, dated 4.11.2010. The said Government Order reads as follows:- “FINANCE (PGC) DEPARTMENT G.O.No.413, Dated 4th November, 2010 (Iyppasi-18, Thiruvalluvar Aandu 2041) Pension-Extension of Old Pension Scheme to the Secondary Grade Teachers appointed during 1996, 1997 and 1998 in the aided schools-Implementation of the order of the Hon’ble High Court in W.P.Nos.26933 & 26934 of 2007 and other similar cases-Orders-Issued. Read: 1. The said Government Order reads as follows:- “FINANCE (PGC) DEPARTMENT G.O.No.413, Dated 4th November, 2010 (Iyppasi-18, Thiruvalluvar Aandu 2041) Pension-Extension of Old Pension Scheme to the Secondary Grade Teachers appointed during 1996, 1997 and 1998 in the aided schools-Implementation of the order of the Hon’ble High Court in W.P.Nos.26933 & 26934 of 2007 and other similar cases-Orders-Issued. Read: 1. G.O.(Ms) No.559/School Education Department, dated 11.07.1995. 2. G.O.(Ms) No.394/School Education Department, dated 12.09.1997 3. G.O.(Ms) No.155/School Education (D2) Department, dated 3.10.2002 4. G.O.(Ms) No.259/Finance (Pension) Department, dated 06.08.2003 5. G.O.(Ms) No.430/Finance (Pension) Department, dated 06.08.2004 6. Government letter No.92399/Finance (Pension) Department/2005-1, dated 13.4.2006. 7. Orders of the Hon’ble High Court in W.P.Nos.26933 and 26934 of 2008, W.P.(MD) Nos.10447 and 5174 of 2008, 4537 of 2009, 1375 of 2010 and W.P.Nos.12280 to 12282 of 2010. ORDER: 1) Government in the Government Order first read above ordered that Graduate Teachers should not be appointed as Secondary Grade Teachers in aided schools. Subsequently, in the order second read above, Government approved the appointment of B.T. Assistants/Tamil Pandits as Secondary Grade Teachers in aided schools till 10.7.1995 if the appointment was as per rules in force. 2) In the Government Order third read above, Government ordered that B.T. Assistant/Tamil Pandits having B.Ed., qualifications who were appointed in the sanctioned regular posts of Secondary Grade Teachers in private aided schools from 11.7.1995 to 19.5.1998 shall undergo one month Child Psychology Training through District Institute of Education and Training (DIET) and on the date of completion of the training, their appointments shall be approved and salary shall be paid with effect from the date of approval of appointment in the Post of Secondary Grade Teacher duly relaxing rules 15(6) of Tamil Nadu Private Schools (Regulation) Rules, 1974. 3) A batch of Secondary Grade Teachers having B.Ed., Qualifications and appointed during the period from 11.7.1995 to 19.5.1998 were sent for Child Psychology Training in the year 2003-2004 and the period of training was completed after 1.4.2003 (i.e.) after the implementation of the Contributory Pension Scheme. The appointments were subsequently regularized and salary paid with effect from the date of completion of training on approval of appointments after 1.4.2003. However the service period cannot be counted for pension as ordered in G.O.(Ms) No.155/School Education (D2) Department, dated 3.10.2002. The appointments were subsequently regularized and salary paid with effect from the date of completion of training on approval of appointments after 1.4.2003. However the service period cannot be counted for pension as ordered in G.O.(Ms) No.155/School Education (D2) Department, dated 3.10.2002. 4) Aggrieved by this a batch of teachers filed Writ Appeal in W.A.249, 282, 448 to 452 of 2002 and 80 of 2004 and W.P.No.42067 and the Division Bench of the Madras High Court while dismissing the above petitions directed to count the past service rendered for pensionary purposes. This was further confirmed by the Supreme Court of India in the Civil Appeal No.5012/2006. 5) In the order fourth read above, Government implemented the new Contributory Pension Scheme for those who joined Government Service on or after 1.4.2003 and in the Government Order fifth read above among other things orders have been issued regarding the contribution to be made to Contributory Pension Scheme (CPS) by the employees who are recruited on or after 1.4.2003 and as per the clarification issued in the letter sixth read above, persons appointed prior to 1.4.2003 but regularized in the time scale of pay after 1.4.2003 will be covered under the New Contributory Scheme. 6) The B.T. Assistants/Tamil Pandits appointed in the sanctioned regular posts in the private aided schools during the period from 11.7.1995 to 19.5.1998 filed W.P.No.26933 and 26934 of 2007, W.P.(MD) Nos.10447 and 5174 of 2008, 4537 of 2009, 1375 of 2010, W.P.Nos.12280 to 12282 of 2010 in the Hon’ble High Court of Madras praying for direction to count their past service prior to completion of Child Psychology Training for pensionary purpose. 7) The Hon’ble High Court in its orders in the above Writ Petitions has ordered that the petitioners are to be extended the pension scheme applicable to the Teachers appointed prior to 1.4.2003 and they are not governed under G.O.Ms.No.430/Finance (Pension) Department, dated 6.8.2004. The Court also viewed that the pensionary contributions if any payable by the petitioner as per Tamil Nadu Pension Rules, 1978 if not already paid may be claimed from the petitioners. The Court also viewed that the pensionary contributions if any payable by the petitioner as per Tamil Nadu Pension Rules, 1978 if not already paid may be claimed from the petitioners. 8) Government after careful consideration, decided to implement the orders of the High Court in the W.P.Nos.26933 and 26934 of 2007, W.P.(MD) Nos.10447 and 5174 of 2008, 4537/2009, 1375/2010 and W.P.Nos.12280 to 12282 of 2010, Government accordingly direct that the B.T. Assistant/Tamil Pandits having B.Ed., qualifications who were appointed as Secondary Grade Teachers in the sanctioned regular posts in private aided schools during the period from 11.7.1995 to 19.5.1998 and whose services were regularized as per G.O.(Ms) No.155/School Education (D2) Department, dated 3.10.2002 are to be extended the Old Pension Scheme and General Provident Fund as applicable to the teachers appointed before 1.4.2003 and that they are not governed under G.O.Ms.No.430/Finance (Pension) Department, dated 6.8.2004. 9) This order shall not apply to similarly placed Teachers appointment after 19.5.1998. (By order of the Governor) K. SHANMUGAM Principal Secretary to Government.” 7. In the light of the said orders, which were already implemented by the said Government Order and the petitioners cases being covered by the earlier orders as well as the Government Order, the petitioners are entitled to succeed and the writ petitions are allowed. No costs.