ORDER : D. Hariparanthaman, J. 1. The petitioner joined as a B.T. assistant in a Government High School, Budhaloor, Thanjavur District, on 09.06.1966. It is a pensionable service and the same is also not in dispute. He was governed by the Tamil Nadu Pension Rules. While so, he resigned the said job on 06.06.1973 and joined in an aided School, namely, K.A.P. Viswanathan Higher Secondary School, Trichy, on 07.06.1973. According to the petitioner, he resigned the previous job due to his family circumstances. Further, he was promoted as P.G. Assistant on 01.04.1978 and then as Assistant Headmaster on 01.06.1992. He retired from service on 30.08.2000 on attaining the age of superannuation. 2. The petitioner was given pension for the service rendered from 07.06.1973 to 31.05.2001. But the service rendered in the Government Higher School, Budhaloor, Thanjavur District, from 09.06.1966 to 06.06.1973 was not taken into account for pension. Hence, he requested the District Educational Officer to count the service rendered in the said Government High School at Budhaloor in Tanjore District from 09.06.1966 to 06.06.1973 along with the service rendered in K.A.P. Viswanathan Higher Secondary School, Trichy, for the purpose of pension. His request for counting the past service was rejected by the District Educational Officer, Trichy, by the impugned proceedings dated 29.06.2010 based on Rule 23 of the Tamil Nadu Pension Rules. (for short 'the Rules'). The petitioner has filed this writ petition to quash the aforesaid proceedings dated 29.06.2010. 3. Taking into account the aforesaid facts, this Court directed the Government Advocate to get instructions. Accordingly, the written instructions was issued by the District Educational Officer, Trichy, to the learned Additional Government Pleader vide Na.Ka. No. 7677 A4-2015 dated 16.12.2015. Heard both sides. 4. The learned Counsel appearing for the petitioner has placed heavy reliance on the judgment of the Division Bench of this Court in the case of D. Vijayarangan v. Secretary Sales Tax Appellate Tribunal, reported in (2009) 3 MLJ 1005 and submitted that Rule 23 of the Tamil Nadu Pension Rules was considered by the Division Bench of this Court and held that even in the case of resignation due to ill-health, the Division Bench directed the respondents therein to count the service rendered by an employee for the purpose of pension. According to the petitioner, he stands in a better footing and he is entitled to count the service rendered in the Government service along with the service rendered in the aided school. 5. On the other hand, the learned Additional Government Pleader prayed for sustaining the impugned order based on the written instructions received from the fourth respondent. 6. In order to elicit the aforesaid facts, it is useful to extract the following passage from the written instructions of the fourth respondent:- VARNACULLAR MATTER 7. The written instructions of the fourth respondent makes it clear that the petitioner resigned from the Government job on intimation to the concerned authorities and the same is also recorded in the Service Register. He also joined in the aided school on the next day. All these facts are admitted in the aforesaid passage of the written instructions given by the fourth respondent. 8. At this juncture, it is also useful to extract Rule 23 of the Tamil Nadu Pension Rules:- "5. Rule 23 of the Tamil Nadu Pension Rules relates to forfeiture of service on resignation except in certain cases, as quoted hereunder:- "23. Forfeiture of service on resignation:- (1) Resignation from service or post entails forfeiture of past service: Provided that a resignation shall not entail forfeiture of past service it has been submitted to take up with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies. (2) Interruption in service in a case falling under the proviso to sub-rule (1), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave or any kind due to the Government servant on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to Government Servant." 9. In this case, in my view, the petitioner will get the benefit of proviso to Rule 23 of the Tamil Nadu Pension Rules. In fact, Rule 23(2) provides for joining time and interruption also in between two service is permissible. Furthermore, as per Rule 25 of the Tamil Nadu Pension Rules, since it being the beneficial piece of legislation, the same shall be liberally interrupted so as not to defeat the very purpose of the Rules. In fact, Rule 23(2) provides for joining time and interruption also in between two service is permissible. Furthermore, as per Rule 25 of the Tamil Nadu Pension Rules, since it being the beneficial piece of legislation, the same shall be liberally interrupted so as not to defeat the very purpose of the Rules. Further, as rightly contended by the learned Counsel appearing for the petitioner, the petitioner stands in a better footing than in the case of D. Vijayarangan's cited supra. In that case, he resigned the job due to his illness. Even in those circumstances, the Division Bench thought it fit to issue a direction to grant pension on considering Rule 23 of the Tamil Nadu Pension Rules and further a direction was issued to the respondents therein to pay pension and gratuity with 8% interest per annum from the date of receipt of a copy of the order. It is useful to consider paragraph No. 7 of the said judgment:- "7. In such a situation, a question arise whether the service of an employee can be forfeited if person asks for resignation on the ground of ill-health, which is allowed by the State. Under Rule 23, a person is entitled for all benefits if he is allowed to resign for appointment in some other post under the Government. The rule is silent with regard to resignation, if given on the ground of illness or ill-health for which permission is granted by the competent authority. In case, if it is held that the person, who has resigned because of illness or ill-health, as at par with the class of employees, who resign for misconduct or any adverse record, and the class of employees, who resign to join other Government organisation are kept in a separate class for grant of pensionary benefits, in such case one may doubt Rule 23 violative of Article 14 vis-a-vis those who resign for illness or ill-health and is accepted by the competent authority. Therefore, we hold that those who resign because of illness or ill-health and not because of any misconduct or adverse record and are allowed to do so by the State are entitled for the same benefit which is allowed to those who resign to join another service under the State. Therefore, we hold that those who resign because of illness or ill-health and not because of any misconduct or adverse record and are allowed to do so by the State are entitled for the same benefit which is allowed to those who resign to join another service under the State. Comparing the employees who are allowed to resign because of illness or ill-health at par with those employees who resign because of misconduct or adverse record will be otherwise violative of Article 14 of the Constitution of India." 10. For all these reasons, the impugned order impugned in this writ petition stands set aside and a direction is issued to the District Educational Officer to count the service rendered by the petitioner between 09.06.1966 and 06.06.1973 for the purpose of pension and send appropriate proposal to the second respondent, namely, the Principal Accountant General in this regard for revision of pension and for other benefits, within a period of six weeks from the date of receipt of a copy of this order. On receipt of such proposal, the second respondent is directed to pass appropriate orders authorising the revision of pension benefits and other benefits, within a period of four weeks, thereafter. With the above direction, this writ petition is disposed of. No costs. Petition disposed of.