- (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS intra -court appeal has been preferred challenging the validity and correctness of the judgment and order dated 27.5.2011 passed in Civil Misc. Writ Petition No. 54167 of 2002, Mahboob Alam versus Director of Education Arbi, Farsi Board Uttar Pradesh at Lucknow and others, whereby the aforesaid writ petition was allowed.
(3.) BRIEF facts giving rise to the instant special appeal are that "Alzame Mohammadia Arbi School", Mau Aima, Allahabad (hereinafter referred as the "Madarsa"), is a recognized and aided Madarsa. Respondent was appointed therein as Assistant Teacher on 25th May, 1989 in the pay scale of Rs.950/ - and continuously worked there till the age of his superannuation i.e. 30th June, 2001. Government Order dated 23.11.1993 was issued by State of U.P. sanctioning facility of pension to Teachers/Employees of aided Arbi/Persian Madarsa. As the respondent had completed more than 12 years of continuous service he claimed to be entitled for pension on the strength of the aforesaid G.O. Consequently, Civil Misc. Writ Petition No. 54167 of 2002, Mahboob Alam versus Director of Education, Arbi, Farsi, Borad of Uttar Pradesh at Lucknow and others was preferred by him in which the G.O. dated 23.11.1993 was challenged. The G.Os. dated 30.10.1999 and 27.11.1999 all pertaining to qualifying period of service were also brought on record by way of amendment in the writ petition, which was allowed vide order dated 4.5.2011. The G.O. dated 23.11.1993 reads: - "XXX XXX XXX";