( 1 ) THESE appeals are directed against order dated 1/3/2004 by which the learned single Judge allowed the Special Civil Applications filed by the respondents and quashed the cut-off date i. e. 1/1/1997 specified in the Pension Scheme framed by the State Government for teachers of Primary schools of the private aided and recognized educational institutions and directed the appellants to pay them pension.

( 2 ) FOR deciding the questions arising in the appeals, it will be appropriate to notice the relevant facts. Kusumben E. Borasada who had worked as Craft Teacher in Web memorial Girls High School run by the Education Board of Methodist Church represented to the State Government for grant of pension at par with the teachers employed in the Government schools. Her claim was rejected on the ground that she is not a protected teacher. She challenged the Governments decision in Special Civil Application No. 3636 of 1982 which was allowed by the learned single Judge vide his order dated 18/1/1997. (reported in Kusumben E. Borasada v. Govt. of Gujarat, 1997 (3) GLR 2159 ). The learned single Judge directed the respondents to extend the benefit of pension to the teacher