( 1 ) THE State of Tamil Nadu is in appeal before us challenging the judgment dated 20-11-1990 passed by the Tamil Nadu Administrative tribunal, by which the respondent was held entitled to count the period from 28-6-1950 (the date on which he was appointed) till 3-12-1962 as the period for the benefit of pension under the Tamil Nadu Pension Rules, 1978.

( 2 ) THE contention of the learned counsel appearing on behalf of the State of Tamil Nadu is that the post of Section Writer which was held by the respondent was brought under graded pay with effect from 1-10-1970, and, therefore, he would be entitled to pension only with effect from that date. It is pointed out that, prior to 1-10-1970, the respondent was being paid a fixed salary every month and, therefore, the period from 28-6-1950 to 2-12-1963 cannot be counted for purposes of pension particularly as the respondent has already been paid one months pay for every completed year of service for the period aforesaid.

( 3 ) A perusal of the judgment passed by the Tribunal indicates that the state Government had contended that the respondent was not entitled to count the period from 1950 to 1963 for purposes of pension, as he had ren