Judgment :- 1. The petitioner/ Association has filed the present writ petition praying for issuance of an order by this Court in directing the respondent/ Government of Tamil Nadu to extend the benefit of G.O.Ms.No.371, Finance (Pension) Department, dated 30.04.1986 to the members of the petitioner/ Association. 2. According to the petitioner, the 4th Tamil Nadu Pay Commission recommended that at the end of three years period, Dearness Allowance sanctioned upto that period could be treated as Dearness Pay in order to ensure a reasonable pension level. The respondent/ Government of Tamil Nadu accepted the recommendation of the 4th Tamil Nadu Pay Commission and issued orders in G.O.Ms.No.371, Finance (Pension) Department, dated 30.04.1986 directing that in case of Government servants who would be retiring on or after 01.10.1987, the Dearness Allowance sanctioned upto 01.10.1987 should be reckon as Dearness Pay for the purpose of Pension, Family Pension and Death cum Retirement Gratuity. Further, in the case of death of a Government servant occurring on or after 01.10.1987 while in service, the Dearness Allowance sanctioned upto 01.10.1987 ought to be treated as Dearness Pay for the purpose of computing the Family Pension. 3. It transpires that the Ambasamudram Taluk Pensioners' Association and Sankarankoil Taluk Pensioners' Association filed O.A.Nos.2227 of 1992 and 4953 of 1992 before the Tamil Nadu Administrative Tribunal, Chennai praying for a direction to allow the concession of Dearness Pay ordered in the aforesaid Government Order in regard to those who retire prior to 01.10.1987 also. The Tamil Nadu Administrative Tribunal passed an order on 06.05.1996 allowing the aforesaid original applications and directed the Government of Tamil Nadu to extend the concession of Dearness Pay mentioned in G.O.Ms.No.371, Finance (Pension) Department, dated 30.04.1986 in respect of those who retire/ die earlier to 01.10.1987 and also to allow the pensioners who retire during the period 01.10.1987 to 31.05.1988 to count the Dearness Allowance and Additional Dearness Allowance as Dearness Pay for all the ten months preceding the retirement for computing average emoluments. 4. It comes to be known that the Government of Tamil Nadu filed Special Leave Petition before the Hon'ble Supreme Court of India against the order passed in O.A.Nos.2227 of 1992 and 4953 of 1992 and the said Special Leave Petition has been dismissed by the Hon'ble Supreme Court on 01.12.1997. 4. It comes to be known that the Government of Tamil Nadu filed Special Leave Petition before the Hon'ble Supreme Court of India against the order passed in O.A.Nos.2227 of 1992 and 4953 of 1992 and the said Special Leave Petition has been dismissed by the Hon'ble Supreme Court on 01.12.1997. Later G.O.Ms.No.272, Finance (Pension) Department, dated 15.06.1998 has been issued implementing the said order of the Tamil Nadu Administrative Tribunal, which fact is not disputed on the side of the respondent/ State Government. 5. Apart from the above, in W.P.No.26741 of 2005 filed by the Tamil Nadu Retired Officials Association praying for implementation of G.O.Ms.No.371, Finance (Pension) Department, dated 30.04.1986 as regards the members of the said Association who retire after 30.06.1988, this Court passed an order on 23.02.2006 directing that the said benefit should be given to the members of the said Association within three months from the date of receipt of copy of the said order. 6. The stand of the petitioner is that the members of the Petitioner's Association are also similarly placed like that of the retired officials who filed W.P.No.26741 of 2005. As such the benefits of G.O.Ms.No.371, Finance (Pension) Department, dated 30.04.1986 are to be extended to them also and reckon the Dearness Allowance and Additional Dearness Allowance drawn by them as Dearness Pay for the purpose of calculation of pension as per the said Government Order and to refix the Pension/ Family Pension of the members of the petitioner/ Association and to grant them all resultant benefits arising thereto. 7. 7. Taking note of the fact that the order passed by the Tamil Nadu Administrative Tribunal in O.A.Nos.2227 of 1992 and 4953 of 1992 have become final and also bearing in mind of another important fact that the Special Leave Petition filed by the respondent/ Government of Tamil Nadu as against the orders of tribunals in the aforesaid applications has been dismissed by the Hon'ble Supreme Court of India on 01.12.1997 and the review filed by the Government has been dismissed by the Supreme Court of India on 31.03.1998, this Court in the interest of justice and to prevent an aberration of justice allows the present writ petition filed by the petitioner/ Association and direct the Respondent/ Government to extend the benefits of G.O.Ms.No.371, Finance (Pension) Department, dated 30.04.1986 to the members of the petitioner/ Association within a period of three months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of in above terms. No costs.