STATE OF GUJARAT Vs. NARSINHDAAS KRISHNADAS AGRAVAT

JUDGEMENT

(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 Government's 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 :

(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.