Judgment :- 1. The petitioner has prayed for issuance of a writ of mandamus directing the respondents 1 to 3 to compute the service of the petitioner as Secondary Grade Teacher from 6.6.2001 to 8.11.2007 in the fourth respondent school for pensionary and other service benefits, on the basis of the representation dated 24.12.2010, in the light of the judgment passed in the case of “The State of Tamil Nadu & Other Vs. Pallivasal Primary School reported in 2004 (2) LW 591 ”. 2. Ms. E. Ranganayaki, learned Government Advocate (Education) takes notice for the respondents. Heard both sides. 3. The issue involved in this case is covered in the earlier Order dated 23.4.2008 passed by this Court in W.P.Nos.26933 and 26934 of 2007 (S.A.L.J. Pushpam and others Vs. The Government of Tamil Nadu, represented by its Secretary, Finance (Pension) Department and others). The relevant portion of the above Order is extracted below:- “7. The petitioners’ appointment were approved as Secondary Grade Teachers from the date of completion of one month training and they are getting time scale of pay. The petitioners’ services prior to their approval of appointment, is to be counted for pension purposes, as per the Division Bench Judgment reported in 2004 (2) Law Weekly 591, affirmed by the Supreme Court. For proper appreciation, the relevant portion of the Judgment of the Division Bench is extracted hereunder. “7. So far as the approvals/confirmation is concerned, Government was not under any duty to approve or confirm the appointment of appellants/petitioners who did not possess the qualifications prescribed when, they were improperly appointed to the posts. Their position cannot be equated to that of those who possess the qualification and had been duly appointed. Their remaining in their post was only by reason of a sympathetic view taken by the Division Bench which had upheld the Government Order which had directed that persons with B.Ed. Qualification are not to be appointed in Secondary Grade vacancies. 8. Their right to be regarded as Persons eligible for confirmation/approval can be said to arise only after they acquired, after their training, a minimum prescribed qualification. The Government here has shown great concession to them by allowing them to retain their position even without obtaining the requisite diploma or certificate in child psychology by giving to them training in child psychology. The Government here has shown great concession to them by allowing them to retain their position even without obtaining the requisite diploma or certificate in child psychology by giving to them training in child psychology. We see nothing wrong in the Government directing that their approval/confirmation can only be on and after the date they complete the training. Their past service however shall count for pension. 8. In the light of the above undisputed facts and the order of Division Bench having become final due to the dismissal of Civil Appeals on 13.03.2008, the petitioners are entitled to get their pension and other benefits as per the then prevailing Tamil Nadu Pension Rules, 1978. There is no dispute that the petitioners were appointed in Secondary Grade Teacher vacancies in sanctioned posts in aided Schools before 01.04.2003. The Government order dated 06.08.2004 specifically states that persons appointed/recruited after 01.04.2003 are not governed under the Tamil Nadu Pension Rules, 1978 and will be governed under the new scheme. The petitioners having been appointed prior to 19.05.1998 all the petitioners are given ‘Child Psychology Training’ in terms of G.O.Ms.No.155 Education dated 03.10.2002. Hence, G.O.Ms.No.430 Finance dated 06.08.2004 cannot be applied to the petitioners. The Learned Counsel for the petitioners submits that the petitioners will be satisfied if the petitioners are given the relief of Pension Scheme applicable prior to 01.04.2003 and the G.O.Ms.No.430 Finance (Pension) Department dated 06.08.2004 need not be quashed. 9. In view of the said submission, it is ordered that the petitioners are to be extended the Pension Scheme applicable to the Teachers appointed prior to 01.04.2003 and they are not governed under G.O.Ms.No.430 Finance (Pension) Department dated 6.8.2004. If the pensionary contributions if any, payable by the petitioners as per Tamil Nadu Pension Rules 1978 are not paid till date by the petitioners, it is open to the respondents to claim the same from the petitioners. The writ petitions are ordered in the above terms. Consequently, connected Miscellaneous Petitions are closed. No costs.” 4. If the pensionary contributions if any, payable by the petitioners as per Tamil Nadu Pension Rules 1978 are not paid till date by the petitioners, it is open to the respondents to claim the same from the petitioners. The writ petitions are ordered in the above terms. Consequently, connected Miscellaneous Petitions are closed. No costs.” 4. In view of the same, the respondents 1 to 3 are directed to consider the representation of the petitioner dated 24.12.2010 in the light of the above said paragraphs and pass appropriate order extending the Pension Scheme not as per G.O.Ms.No.430 Finance (Pension) Department dated 6.8.2004 but in terms of paragraph No.9 of the above said Order and such order shall be passed within a period of eight weeks from the date of receipt of a copy of this Order. 5. With the above direction, the writ petition is disposed of. No costs.