Termination of services is invalid if the employee meets all requisite qualifications as per appointment conditions and relevant laws.

JUDGMENT :

L.S. PIRZADA, J.

1. Heard learned advocate Mr.Udayan P. Vyas, appearing for the appellant and learned advocate Ms.Mamta Vyas, appearing on advance copy for respondent No.1.

2. The present appeal is preferred under Clause 15 of the Letters Patent by the present appellant-original respondent No.1, being aggrieved and dissatisfied with the Judgment and Order dated 21.08.2025 passed by the learned Single Judge in Special Civil Application No.23385 of 2017. By the impugned Judgment and Order, the learned Single Judge has allowed the writ petition filed by the original petitioner-present respondent No.1 and has directed the appellant-original respondents to grant all consequential benefits to which the original petitioner is entitled, including payment of salary for the period from the date of termination, i.e. 30.11.2017, till the date of superannuation, i.e. 31.05.2018 and further directed the respondents to pay all retirement dues to the original petitioner.

3. The factual matrix of the present appeal is that the respondent-original petitioner applied for the post of Library Assistant pursuant to an advertisement dated 11.05.1983 issued by the appellant-original respondent No.1-Gujarat Vidhyapith. The respondent had passed B.Com. in the year 1978 and Bachelor of Library Science in the year 1982 and thus possessed the requisite qualifications, being a graduate with a Bachelor’s degree in Library Science. Since the respondent fulfilled the eligibility criteria, she applied for the said post and was subsequently appointed as Library Assistant by the appellant–Gujarat Vidhyapith vide Appointment Order dated 28.07.1983. As per the condition incorporated in the Appointment Order, the respondent was required to obtain an M.Com. degree within a period of two years, failing which she would not be entitled to implementation of the pay scale. Accordingly, the petitioner cleared the M.Com. examination in the year 1984 and submitted the relevant certificate to original respondent No.1 – Gujarat Vidhyapith. Though the M.Com. qualification was otherwise not required for the post, the said condition having been incorporated in the Appointment Order stood duly complied with by the original petitioner.

4. Thereafter, during the years 1986, 1987 and 1988, advertisements were issued for recruitment to various posts, including the post of Assistant Librarian (Class–I); however, no suitable qualified candidates were available. Consequently, upon issuance of the third advertisement dated 25.04.1988, the respondent applied for the said post. The prescribed qualifications were Post-Graduation along with a Bachelor’s degree in Library Science and with experience. The respondent was selected by a duly constituted Selection Committee and was issued an Appointment Order dated 10.02.1989. The said appointment was a direct appointment and not by way of promotion. A condition was also incorporated in the Appointment Order requiring the petitioner to acquire M.Lib. degree within 2 years, which condition was duly fulfilled by the respondent in the year 1990 itself.

5. On 22.10.1996, the appellant-Gujarat Vidhyapith issued an advertisement for the post of Assistant Librarian (Lecturer) being a teaching post. The respondent, along with two others, was issued an Appointment Order dated 24.10.1996. Subsequently, the University Grants Commission declined to grant approval to all the three said appointments. By that time, the respondent had already reached the pay scale of Assistant Librarian (Non-Teaching cadre). Therefore, the petitioner requested cancellation of the Appointment Order dated 24.10.1996 vide letter dated 19.04.2007. Pursuant thereto, the Vidhyapith passed Resolution No.10 dated 04.07.2007, whereby the respondent was reverted to the post of Assistant Librarian (Non-Teaching cadre), and thereafter, the benefit of Selection Grade was granted on 31.03.2008.

6. Thereafter, in the year 2015, during an inspection, an objection was raised to the effect tha