Appeal by government
My father is aged 85 and orthopedically handicapped. He had put in 14 years service as teacher in Local body school and resigned in the year 1964. It was 20 years after his resignation, local body schools were taken over by the govt. At that time G.O. 37/83 was issued entitling pension to resigned teachers as they might not have foreseen the govt's take over and the resultant pension. This G.O. stipulated various cut off dates and it was struck down by the Madras Division Bench and State appeal to the Supreme Court S.L.P CIVIL 22469/2001 was dismissed [deleted]. Thus it was after 40 years of my father's resignation pension was enabled and my father applied for pension. When the matter was pending long he filed a W.P. at Madurai and H.C. directed the Education Department to consider in the light of decided cases as per the law, When it was not done, contempt was filed and in response my father's pension was rejected. In the subsequent writ, the rejection order was set aside and specific direction was given to the govt to consider my case in the light of two G.O.'s giving pension to similarly placed persons and in the light of the Division bench judgement in S.V.Paul Jeyaraj in W.P. 1727/ 94. Now, against this Govt has gone on appeal and sought stay of the set aside order. It is likely to come up for admission shortly before the division bench. Kindly advise whether we are to file counter and oppose the stay at the admission state itself as copy is served to us in response to caveat or shall we file counter after seeking time by opposing the stay. kindly guide us