( 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 teachers of aided private aided Primary Schools in the State of Gujarat. The operative part of that order reads as under :"14. In the result, this Special Civil Application succeeds. The action of the respondent State of Gujarat in not giving the benefit of pension to the teachers of recognized aided private primary schools is declared to be ultra vires Arts. 14 and 16 of the Constitution of India. The respondent State of Gujarat is hereby directed to extend the benefit of pension to the teachers of aided private primary schools in the State of Gujarat. The petitioners claim shall be worked out within a period of three months from the date of receipt of certified copy of this judgment, and thereafter, the petitioner shall be given the benefit of pension, inclusive of arrears, within next three months. However, it is made clear that in case the petitioner was a member of Provident Fund Scheme, then she has to refund to the State the share of contribution of the employer, if any, together with interest thereon. Rule made absolute accordingly, with no order as to costs. "

( 3 ) THE State of Gujarat challenged the aforementioned order of the learned single Judge by filing an appeal under Clause 15 of the Letters Patent. An application for condonation of delay in filing the appeal was also filed. The division Bench dismissed the application for condonation of delay. Consequently, the Letters Patent Appeal was dismissed as time-barred. The order of the Division bench was set aside by the Supreme Court in Civil Appeal No. 4191 of 1999 decided on 2/8/1999 and the case was remanded to this Court for deciding the appeal on merits.

( 4 ) IN compliance of the direction given by the Supreme Court, the appeal filed by the State of Gujarat was registered as Letters Patent Appeal No. 788 of 1998. The same was dismissed by the Division Bench vide its order dated 30th July, 2001 (reported in State of Gujarat v. Kusumben E. Borasada, 2001 (3) GLH 659 ). The Division Bench upheld the order of the learned single Judge and also directed the State Government to frame an appropriate scheme for giving pensionary benefits to the teachers of the primary schools of private aided institutions. The Division Bench also directed the State Government to work out the modalities with regard to the date of commencement of the Pension scheme as also the date from which actual payment was to be made to the teachers who had already retired. For the sake of convenient reference, Paragraph nos. 5, 6 and 7 of the order of the Division Bench are reproduced below :"5. Therefore, while upholding the order as has been passed by the learned single Judge, we direct the State Government to frame an appropriate scheme for the purpose of giving pensionary benefits to the teachers of the primary schools of ab