ORDER

Leave granted.

We have heard learned counsel for the parties.

2. When the respondent failed to be represented pursuant to the notice issued by this Court, we requested the Supreme Court Legal Services Committee to assign the counsel. Accordingly, Smt. K. Sarda Devi has been assigned the case.

3. This appeal by special leave arises from the order of the Administrative Tribunal, Madras, made on April 22, 1996 in O.A. No. 159/90. The admitted facts are that the respondent was initially appointed in a contingent establishment on November 20, 1942 and was later appointed on regular basis as an Attendant on February 18, 1945. He tendered voluntary resignation by letter dated June 6, 1970 which was accepted by the Government w.e.f. March 19, 1970. As per the pre-existing rules, the Government servant was required to put in 30 years of qualifying service for pensionary benefits. Rules came to be amended by G.O.Ms. No. 1537 which came to be effective from November 13, 1972. It was stated therein that the Government may, by giving him notice of not less than three months in writing or three months pay and allowances in lieu of such notice, after he has attained the age of fifty years or af