By the Court.—Heard learned counsel for the appellants as well as learned counsel for the respondents and perused the records.

2. With the consent of counsel for the parties the two special appeals are being finally heard at the admission stage.

3. Special Appeal No. 264 of 2013 (State of U.P. and others v. Bhashthi Dutt Shastri and others) challenges the judgment and order dated 15.5.2012 whereby the learned Single Judge has quashed the Government Order dated 4.2.2004 to the extent it grants benefit to the teachers working in Non Government aided institutions and has issued direction to treat the petitioners (present private respondents) at par with the teachers working in the Government institutions in respect of payment of death cum retirement gratuity and other post retiral benefits to which the teachers of Government institutions are entitled w.e.f. 28.11.2001.

4. Special Appeal No. 739 of 2016 (State of U.P. and others v. Narayan Singh Senger and others) challenges the order dated 14.1.2016 passed in Writ-A No. 27662 of 2014 whereby the learned Single Judge relying on the judgment passed in writ petition giving rise to Special Appeal No. 264 of 2013 has allowed the wr