SIRPURKAR, J.

In this appeal filed by the Government, the order of the learned single Judge allowing the writ petition filed by the respondent is in challenge. By that order, the learned single Judge of this Court held that the present respondent, S. V. Paul Jeyaraj, was entitled to the pension. The following facts will clarify the controversy.

The respondent herein was a teacher. He joined the service somewhere in the year 1947 and with few breaks kept on serving upto 31-5-1967. His total period of service was 18 years 7 months and 25 days. All though, he was working in the aided recognised schools. He had also serve in Army for three years from 13-4-1943 to 20-5-1946. It is, however, an admitted fact that he resigned from his service while he was working in Ramalinga Chettiar High School, Coimbatore. He wanted to serve the tribals and that is the reason why he seems to have resigned from the service. He sent in a representation on 6-6-1967 wherein he sought the pensionary benefits under the Pension Scheme which was introduced by the Government in case of such teachers and it was to operate with effect from 1-4-1955. That scheme was called the "Teachers Pension Scheme".