JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. The present Letters Patent Appeal arises out of judgment and order dated 03.10.2016 passed by the learned Single Judge in Special Civil Application No.9358 of 2010 to the extent it directs the Nagarpalika to continue the services of respondent No.1 herein on the set up of Ankleshwar Nagarpalika at the cost of the Nagarpalika.

2. The brief facts leading to filing of the Letters Patent Appeal are as under :-

2.1 Respondent No.1 is a primary teacher who claims to be holding educational qualification as required under the relevant rules for recruitment as primary teacher at the relevant point of time. She was appointed on 03.05.1991 as primary teacher.

2.2 It is alleged that respondent No.1 viz. Ranjanben Jayantilal Vaidya was overaged and was still selected by the appellant herein and therefore, by letter dated 13.12.1991, the Director of Primary Education was pleased to cancel the appointment of Respondent No.1. The Respondent No.1 was thereafter constrained to file Special Civil Application No. 1359 of 1992 wherein the Hon’ble High Court was pleased to quash order dated 13.12.1991 after hearing the parties by order dated 17.03.1992.

2.3 Thereafter, the