JUDGMENT : V.M. Pancholi, J. 1. In this group of matters, the issues involved are interconnected and therefore all these matters are taken up for final disposal with the consent of learned advocates appearing for the parties. 2. Before we discuss the factual matrix of the aforesaid matters, it is required to be noted that Special Civil Application No. 18548 of 2014 is filed by Shri Ayurved Vikas Mandal, Lodra, a Charitable Trust (hereinafter referred to as 'the Trust') challenging the order dated 4.12.2014 passed by the respondent-State Government whereas Special Civil Application No. 8839 of 2015 has been filed by 23 employees, teaching as well as non-teaching staff, working at Shri Ayurved Vikas Mandal, Lodra i.e. the Trust, wherein they have prayed that the notice/order dated 18.5.2015 passed by the management/Trust be quashed and set aside and the respondents be directed to transfer the employees to any other college-hospital receiving grant-in-aid. In both the petitions, the learned Single Judge issued notice and the petitions were pending for hearing. 3. In the meantime, the employees filed Civil Application for direction wherein they prayed that the respondents be directed to transfer the services of the employees to any grant-in-aid Ayurvedic College in the State of Gujarat and also to pay regular monthly salary with effect from 18.5.2015. The learned Single Judge passed an order on 20.1.2016 in the said Civil Application whereby the learned Single Judge directed the employer to pay monthly salary regularly month-wise to the employees. The respondent-State Government was also directed to accommodate six employees who have been allotted to the respondent-Trust by way of transfer to any other grant-in-aid institutions and so far as other 19 employees are concerned, the direction is given to the management/Trust to make a request to the respondent-State to consider their case sympathetically. Thus, against the order dated 20.1.2016 passed in the Civil Application by the learned Single Judge, the Trust has preferred Letters Patent Appeal No. 125 of 2016 whereas the State has challenged the said order by filing Letters Patent Appeal No. 252 of 2016. When both the aforesaid Letters Patent Appeals were listed for hearing before us, learned advocates appearing for all the parties requested that the Special Civil Applications pending before the learned Single Judge be called for and this Court may decide the entire issue. When both the aforesaid Letters Patent Appeals were listed for hearing before us, learned advocates appearing for all the parties requested that the Special Civil Applications pending before the learned Single Judge be called for and this Court may decide the entire issue. Accordingly, vide dated 23.3.2016, Registry was directed to list the aforesaid Special Civil Applications for hearing before this Court and thereafter all the aforesaid matters were heard at length. 4. Thus, in view of the aforesaid background of the matters, now we would like to narrate the brief facts of the matters for deciding the controversy involved in the group of matters. Brief Facts of Special Civil Application No. 18548 of 2014: 4.1 This Special Civil Application is filed by the Trust contending that it is a registered Charitable Trust which runs the Ayurvedic college which is recognized by Central Council of Indian Medicines (hereinafter referred to as 'CCIM' for short) and recognized under the Indian Medical Central Council Act. The said college is affiliated with Jamnagar Ayurvedic University. In 1942, the Ayurvedic Hospital was set up and in the year 1963, the Trust established Ayurvedic College also. During the period between 1964-1981, the Ayurvedic College imparted education from the funds of the college and the Trust was generating the funds to achieve the cherished objective of imparting Ayurvedic education in rural areas. It is the case of the Trust that from the year 1981, the College was converted into grant-in-aid and 100% grant was received by the College run by the Trust. It is the case of the Trust that since 2003, the CCIM also adhered for the implementation of the norms. However, it is extremely difficult for the Trust to achieve the standards and the norms set up by CCIM. It was insisted by CCIM for recruiting the adequate teaching staff, non-teaching and medical and para medical staff. Therefore, the Trust as well as the other institutes made representations to the respondent-authorities. However, no response was given and therefore the Trust as well as other institutes filed different petitions in the year 2010 before this Court. This Court by order dated 14.2.2010 rejected the prayers of the Trust and other institutes, however, it was observed that it is open to the Trust and the other petitioners to generate the resources on its own. This Court by order dated 14.2.2010 rejected the prayers of the Trust and other institutes, however, it was observed that it is open to the Trust and the other petitioners to generate the resources on its own. 4.2 It is the case of the Trust that the application was made in September, 2012 wherein the Director stated in his recommendation dated 26.11.2012 that the government cannot give grant-in-aid to achieve the CCIM norms and therefore they expressed their inability to provide the financial assistance to achieve the norms and thereafter recommended to the Dy. Secretary that the college and hospital run by the Trust deserves to be given 'No objection Certificate' for converting into self finance. The Principal Secretary also endorsed the recommendation by putting a note on 3.1.2013. However, it was also mentioned that the issue may be referred to the Minister. It is the case of the Trust that despite such recommendation, the respondent refused to grant No Objection Certificate to the Trust by order dated 13.6.2013 in which it has been clearly mentioned that issuance of No Objection Certificate is opposed by Sarpanch, Lodra the Hon'ble M.L.A. and Hon'ble M.P., Mehsana. Hence, the application is rejected. 4.3 The Trust therefore filed Special Civil Application No. 17021 of 2013. The learned Single Judge by an order dated 3.7.2014 allowed the said petition wherein it has been observed that the reasons given by the respondent-State are not germane and direction was given to the respondent-State to pass a fresh order. It is further the case of the Trust that respondent-state has granted No Objection Certificate in favour of similarly situated Ayurvedic College namely Shri J.S. Ayurvedic College, Nadiad for converting the said institute into self finance on certain terms and conditions. However, though the aforesaid aspect was pointed out and though this Court has granted direction to respondent-State to pass fresh order of grant of No Objection Certificate, the respondent State by another order dated 18.7.2014 rejected the application given by the Trust and therefore the Trust once again filed petition being Special Civil Application No. 10770 of 2014. The learned Single Judge, once again allowed the said petition and thereby directed the respondents to issue No Objection Certificate as similar to Shri J.S. Ayurvedic College, Nadiad with a clear direction to grant such No Objection Certificate for converting the Trust into self finance within stipulated time limit. The learned Single Judge, once again allowed the said petition and thereby directed the respondents to issue No Objection Certificate as similar to Shri J.S. Ayurvedic College, Nadiad with a clear direction to grant such No Objection Certificate for converting the Trust into self finance within stipulated time limit. 4.4 It is the case of the Trust that the order of 14.8.2014 passed by the learned Single Judge in Special Civil Application No. 10770 of 2014 came to be challenged by the respondent State by filing Letters Patent Appeal No. 1131 of 2011. The Division Bench confirmed the order passed by the learned Single Judge and dismissed the Letters Patent Appeal by an order dated 18.11.2014. 4.5 It is stated by the Trust that though the Letters Patent Appeal was dismissed, the respondent-State has not complied with the direction given by learned Single Judge and therefore the Trust filed Contempt Petition being Miscellaneous Civil Application No. 2981 of 2014. During the pendency of the said proceedings, the respondent-State produced no objection certificate dated 4.12.2014 and therefore the contempt proceedings were disposed off. 4.6 The respondent State passed an order on 4.12.2014 by which No Objection Certificate is granted in favour of the Trust on certain terms and conditions. However, the said terms and conditions are not as per the direction given by the learned Single Judge in Special Civil Application No. 10770 of 2014 and confirmed by the Division Bench in Letters Patent Appeal. Aggrieved by the said order dated 4.12.2014, the Trust has filed this petition being Special Civil Application No. 18548 of 2014 for quashing and setting aside the said order. Brief facts of Special Civil Application No. 8839 of 2015: 4.7 This petition is filed by 23 employees of Trust wherein they have prayed that the notice/order dated 18.5.2015 issued by the Trust be quashed and set aside and respondent-State be directed to transfer the employees to any other college-hospital receiving grant-in-aid of State. 4.8 It is the case of the employees that they belong to teaching and non-teaching staff members of the College run by the Trust and are appointed after due selection process prescribed by the respondent-authorities. Interviews were held by the Selection Committee duly constituted by the respondent authorities and they were appointed during the period between 1983-2008. 4.8 It is the case of the employees that they belong to teaching and non-teaching staff members of the College run by the Trust and are appointed after due selection process prescribed by the respondent-authorities. Interviews were held by the Selection Committee duly constituted by the respondent authorities and they were appointed during the period between 1983-2008. It is stated that the respondent-State passed resolution on 18.4.1998 whereby the benefit of pension was extended to the employees working with Ayurvedic Colleges including the employees of the Trust. It is further stated that out of 23 petitioner-employees, there are six employees who were earlier appointed and working with Shri J.S. Ayurvedic College, Nadiad. The said institution was also receiving 100% grant-in-aid. However, by order dated 3.7.2007, the said institution was converted into self finance college and therefore all the employees working with the said institution were given option either to continue with the college and/or to join other colleges which are given grant-in-aid by the State. Total 13 employees were transferred to the college run by Trust out of which seven employees have already attained the age of superannuation and therefore six petitioners-employees are still working. 4.9 It is further the case of the employees that the Trust filed different petitions against refusal of conversion of college run by the Trust into self finance before this Court and lastly this Court by order dated 14.8.2014 passed in Special Civil Application No. 10770 of 2014 directed the respondent-State to offer similar treatment as given to Shri J.S. Ayurvedic College, Nadiad. Letters Patent Appeal preferred by the State came to be dismissed and thereafter respondent-State granted No Objection Certificate to respondent No. 3-Trust by an order dated 4.12.2014 on certain terms and conditions. However, the said Trust has challenged the said order by filing separate Special Civil Application No. 18548 of 2014. 4.10 The employees were also under apprehension that the respondent No. 3-Trust will not adhere to the conditions and services of the employees will be affected and therefore they submitted representation to the respondent authorities on 15.12.2014 and 24.12.2014. However, the respondent authorities have not given any reply and the pay bill for the month of December, 2014 came to be returned by respondent No. 2. However, the respondent authorities have not given any reply and the pay bill for the month of December, 2014 came to be returned by respondent No. 2. It is stated that in the petition being Special Civil Application No. 18548 of 2014 filed by the Trust, the employees filed an application for joining as party-respondent which came to be allowed by this Court. The respondent-State and the respondent-Trust have not paid the salary of the employees and therefore the Civil Application was filed wherein this Court passed an order directing the respondent-Trust to pay the salary to the employees. The said order came to be challenged by the Trust by filing Letters Patent appeal No. 454 of 2015. The said Letters Patent Appeal was also dismissed against which the Special Leave Petition came to be filed by the respondent-Trust. However, the said Special Leave Petition was also dismissed by the Hon'ble Supreme Court. 4.11 It is further stated that inspite of rejection of Special Leave Petition by the Hon'ble Supreme Court, the respondent-Trust did not pay the salary of the employees and therefore they filed Civil Application No. 4674 of 2015 under Order XXXIX Rule 2A of Civil Procedure Code. It is submitted that learned Single Judge passed an order on 5.5.2015 directing the respondent-Trust to pay the salary. 4.12 It is further the case of the petitioners-employees that upto 5.5.2015, the respondent No. 3 Trust did not disclose before this Court that the Trust is inclined to close down the institution/college and terminate the services of the petitioners/employees. However, with a view to escape and shirk the responsibility, the services of the petitioners-employees have been terminated and the institution has been closed with immediate effect from 18.5.2015. The petitioners-employees have therefore preferred this petition. Brief facts of Letters Patent Appeal Nos. 125 of 2016 and 252 of 2016 4.13 Both these appeals are filed under Clause 15 of the Letters Patent against the order dated 20.1.2016 passed by the learned Single Judge in Civil Application (for direction) No. 13039 of 2015 in Special Civil Application No. 8839 of 2015. Brief facts of Letters Patent Appeal Nos. 125 of 2016 and 252 of 2016 4.13 Both these appeals are filed under Clause 15 of the Letters Patent against the order dated 20.1.2016 passed by the learned Single Judge in Civil Application (for direction) No. 13039 of 2015 in Special Civil Application No. 8839 of 2015. Civil Application No. 13039 of 2015 was filed by the employees wherein they had prayed that the direction be given to the respondents-state authorities and the Trust, to transfer the services of the applicants-employees to any other grant-in-aid ayurvedic college in the State of Gujarat and also to pay regular monthly salary with effect from 18.5.2015. In the said application, the employees pointed out that the learned Single Judge by an order dated 2.6.2015 after hearing the parties granted interim relief whereby the order dated 18.5.2015 had been stayed. Thus, the order of removal has been stayed and therefore technically the applicants-employees are to be treated on duty. It was stated in the said application that the opponent-Trust paid the salary to the applicants-employees upto 18.5.2015, but, thereafter, no amount is paid. It is also pointed out that there are other grant-in-aid colleges under the opponent State authorities where there are clear vacancies and each of the applicants-employees can be accommodated in such colleges. 4.14 The learned Single Judge by an order dated 20.1.2016 directed the opponents authorities to accommodate the six employees who have been allotted to respondent No. 3-Trust by way of transfer to any other grant-in-aid institutions. So far as rest of the employees are concerned, the direction was given to the opponent No. 3-Trust to make a request to the respondent-state and the state was directed to consider it sympathetically. 4.15 The Trust filed Letters Patent Appeal No. 125 of 2016 against the said order passed by the learned Single Judge whereas the state has preferred Letters Patent Appeal No. 252 of 2016 against the order passed by the learned Single Judge in the aforesaid Civil Application. 5. Heard learned Senior Counsel Mr. Shalin Mehta with learned advocate Mr. Sachin Vasavada for the Trust, learned Government Pleader Ms. Manisha Shah for State of Gujarat and learned advocate Mr. Hriday Buch for employees. 5.1 Learned Senior Counsel Mr. 5. Heard learned Senior Counsel Mr. Shalin Mehta with learned advocate Mr. Sachin Vasavada for the Trust, learned Government Pleader Ms. Manisha Shah for State of Gujarat and learned advocate Mr. Hriday Buch for employees. 5.1 Learned Senior Counsel Mr. Mehta referred to the averments made in the petition and submitted that the Ayurvedic College run by the Trust was getting 100% grant from the State Government. However, it was difficult for the Trust to achieve the standards and norms set up by CCIM. The Trust, therefore, made request for grant of No Objection Certificate for converting it into self finance one. However, the State Government did not grant such No Objection Certificate as it was opposed by the concerned Sarpanch, M.L.A. and M.P. Twice, the Trust preferred the petitions against the order of rejection of No Objection Certificate by the State Government. In spite of the specific direction given by the learned Single Judge which was confirmed by the Hon'ble Division Bench, the respondent-State passed the impugned order on 4.12.2014 wherein condition No. 2 is objectionable and discriminatory. 5.2 At this stage, learned counsel submitted that the learned Single Judge has specifically directed the State to afford similar treatment as given to Shri J.S. Ayurvedic College, Nadiad and issue No Objection Certificate for conversion of the College run by the Trust from the grant-in-aid college to self finance one. In spite of such specific direction, discriminatory treatment is given to the Trust. 5.3 At this stage, learned counsel referred to the order dated 3.7.2007 passed by the respondent-State in case of Shri J.S. Ayurvedic College, Nadiad whereby the permission was granted to the said college to convert into self finance from grant-in-aid. 5.4 Thus, learned counsel would submit that the discriminatory treatment is given by the respondent-State inspite of specific direction given by this Court. He, therefore, submitted that the impugned order be quashed and set aside and respondent-State be directed to grant No Objection Certificate on the same terms and conditions which were granted in case of Shri J.S. Ayurvedic College, Nadiad. He, therefore, submitted that the impugned order be quashed and set aside and respondent-State be directed to grant No Objection Certificate on the same terms and conditions which were granted in case of Shri J.S. Ayurvedic College, Nadiad. 5.5 It is further contended by learned counsel that in case of J.S. Ayurvedic College, Nadiad, grant-in-aid staff was transferred to Surat, Jamnagar as well as college run by the Trust whereas the employees who are working in the college run by the Trust are concerned, the condition has been imposed that all the teaching/non-teaching staff of the college under direct payment scheme shall be accommodated by the Trust and benefit admissible as per prevailing rules of the government shall be given to such employees. Thus, it is the case of the victimization as the Trust has filed various petitions against the government. It is, therefore, urged that the impugned order be quashed and set aside and the appropriate direction be given to the state government. 5.6 It is once again submitted that by way of condition No. 2, the respondent-authorities have usurped the jurisdiction of CCIM and when No Objection Certificate from converting into self finance is granted, the pay fixation and granting of other benefits are within the domain of the management and even the CCIM cannot impose such conditions. In the present case, qua 23 existing employees, the liability of salary on the line of the government as well as CPF, gratuity and pension is already imposed on the petitioner-Trust which itself is arbitrary and therefore deserves to be struck down. It is contended that if the self finance status is given, then in that case, the fixation of pay is exclusively within the domain of the management and the respondents cannot impose the condition of payment of salary as per CCIM norms. Thus, the condition No. 2 is harsh, arbitrary, discriminatory and violative of Article 14 of the Constitution of India. 5.7 Learned counsel Mr. Mehta submitted that the Trust was constrained to close down the college in view of the harsh condition imposed by the state in the impugned order. The Trust is not in a position to pay the salary of the employees and therefore the order dated 18.5.2015 was passed by the Trust. The Trust has issued the notice/orders to the employees whereby they are informed that their services are terminated with effect from 18.5.2015. The Trust is not in a position to pay the salary of the employees and therefore the order dated 18.5.2015 was passed by the Trust. The Trust has issued the notice/orders to the employees whereby they are informed that their services are terminated with effect from 18.5.2015. The cheque for an amount of one month's notice pay was also enclosed with the said notice. The financial position of the Trust is not good and the Trust is not in a position to bear the financial burden to continue the college in view of the condition imposed by the respondent-State and therefore from 18.5.2015, the Trust is not liable to make the payment of salary of the employees. At this stage, it is further contended that the salary upto 18.5.2015 is paid by the Trust in pursuance to the orders passed by this Court from time to time. However, the same is subject to the outcome of the petition. In fact, the state is liable to make the payment of salary of the employees as the college is grant-in-aid college and therefore the state be directed to pay the salary of the employees. 5.8 In response to the petition being Special Civil Application No. 8839 of 2015 filed by the employees against the order dated 18.5.2015 passed by the Trust, learned advocate Mr. Shalin Mehta appearing for the Trust mainly submitted that the said petition is not maintainable before this Court as the Trust runs self finance college. The employees have alternative remedy against the order of termination and therefore this Court may not entertain the said petition. It is however submitted by learned counsel that if the employees are accommodated by the state in other grant-in-aid colleges, the Trust is having no objection. 6. Learned Government Pleader Ms. Manisha Shah appearing for the respondent-state submitted that limited question is involved in this petition i.e. with respect to the conditions prescribed by the State Government in issuance of No Objection Certificate to the Trust. It is submitted that the Trust appointed the staff at the relevant point of time and therefore the said employees are not government employees. The Trust wants to take all the benefits of being self finance institution. However, it does not want to burden any liability. It is necessary that self finance institution should shoulder the responsibility of its employees right from its recruitment, pay and pension. The Trust wants to take all the benefits of being self finance institution. However, it does not want to burden any liability. It is necessary that self finance institution should shoulder the responsibility of its employees right from its recruitment, pay and pension. The Trust does not want to retain its existing experienced staff who are appointed by them and even though they are not government employees, yet they want to transfer them to the government which is not permissible. 6.1 Learned Government Pleader thereafter submitted that the Trust is claiming parity with respect to the NOC issued to the Nadiad college. However, at the time when NOC was issued to J.S. Ayurvedic College, Nadiad, the said college fulfilled the CCIM Norms and therefore there was a regular intake of students whereas in the present case, since CCIM norms are not complied with, no new admissions have been given after 2010. At this stage, it is further contended that in case of J.S. Ayurvedic College, Nadiad, the staff/employees were absorbed at other places after the consent of the institution whereas in the present case, the staff/employees are not properly taken care of by the Trust and a fresh advertisement was issued by the Trust for recruitment wherein it was stated that the salary would be negotiable as per the rules and regulations of the Trust. 6.2 Learned Government Pleader thereafter submitted that in the order dated 4.12.2014 passed by the respondent authority, certain conditions are imposed, which are necessary in the interest of students, employees and public at large. Learned Government Pleader thereafter submitted that the employees filed Civil Application No. 1141 of 2015 for direction to pay the salary to the said employees. Learned Single Judge passed an order on 5.3.2015 whereby the direction was given to the Trust to pay salary to the employees. The said order was upheld in Letters Patent Appeal No. 454 of 2015 and thereafter confirmed by the Hon'ble Supreme Court. Learned Government Pleader referred to the order dated 5.3.2015 passed by learned Single Judge in Civil Application No. 1141 of 2015 wherein the learned Single Judge has observed in paragraph 16 as under: "16. Another facet of the submission with regard to discrimination that other colleges are granted such permission and no condition is imposed is also misconceived. Learned Government Pleader referred to the order dated 5.3.2015 passed by learned Single Judge in Civil Application No. 1141 of 2015 wherein the learned Single Judge has observed in paragraph 16 as under: "16. Another facet of the submission with regard to discrimination that other colleges are granted such permission and no condition is imposed is also misconceived. In fact, the example of J.S. Ayurvedic Mahavidyalaya is cited which requires a close scrutiny and it could be considered at the time of final hearing along with other such colleges also where permission to convert into self-finance is granted. Therefore, it may not be a matter of right under Art.14, still, it can be a matter of propriety that when such an institute is converted into self-finance college with more autonomy, then, as far as possible the staff may be accommodated or adjusted in other government run colleges to avoid any heart-burning and protecting the interests of the staff who are working with the concerned college like opponent No. 1 herein. However, again, it has to be subject to availability of vacancies with the government run or aided ayurvedic colleges and one cannot therefore claim as of right as the situation prevailing in a particular year, for example the year 2007 when the staff of J.S. Ayurvedic Mahavidyalaya would have been accommodated, the same situation would be prevailing now and therefore the submissions with regard to Art. 14 and discrimination are without any justification. In fact, as it transpires, even though opponent No. 1 college had no students it could run for 3-4 years and still they want to have the college as self-finance and autonomous college itself suggests that opponent No. 1 desires to run the college without corresponding obligations. It cannot also be disputed that the staff employed by opponent No. 1 college is the staff of the college and merely because 100% grant is paid by the government it does not ipso facto become the employees of the government. It cannot also be disputed that the staff employed by opponent No. 1 college is the staff of the college and merely because 100% grant is paid by the government it does not ipso facto become the employees of the government. However, it can be considered with further details at the time of final hearing of the main matter." 6.3 Learned Government Pleader thereafter contended that though the aforesaid order has been confirmed upto the Hon'ble Supreme Court, in Civil Application No. 13039 of 2015 filed by the employees, the learned Single Judge has passed an order on 20.1.2016 by which the direction is given to the State Government to accommodate six employees who have been allotted to the Trust by way of transfer to any other grant-in-aid institutions and for other employees, direction was given to consider their case for their accommodation in other institutions sympathetically. Thus, the state has preferred the appeal against the said order passed by the learned Single Judge in Civil Application No. 1141 of 2015. 6.4 Learned Government Pleader therefore urged that both the Special Civil Applications filed by the Trust as well as the employees be dismissed and the Letters Patent Appeal filed by the State against the order passed by the learned Single Judge in Civil Application be allowed. 7. Learned advocate Mr. Hriday Buch appearing for the employees mainly contended that the employees are working since many years with the college run by the Trust and since 1981, the government has given grant-in-aid to the college run by the Trust. The employees are appointed after due selection process prescribed by the state authorities. The interviews were held by the Selection Committee. As per the resolution dated 18.4.1998, the benefit of pension was extended to the employees working with Ayurvedic colleges including the employees of the college run by the Trust. Thereafter, on 17.9.2005, resolution came to be passed by the State Government for filling up of vacancies in various Ayurvedic Colleges receiving grant-in-aid. Learned advocate Mr. Buch supported the case of the Trust in Special Civil Application No. 18458 of 2014 and submitted that the State Government should accommodate the present employees in other grant-in-aid college. Learned advocate Mr. Buch also relied upon the order passed by the government in J.S. Ayurvedic College, Nadiad. Learned advocate Mr. Buch supported the case of the Trust in Special Civil Application No. 18458 of 2014 and submitted that the State Government should accommodate the present employees in other grant-in-aid college. Learned advocate Mr. Buch also relied upon the order passed by the government in J.S. Ayurvedic College, Nadiad. It is further contended that when J.S. Ayurvedic College was converted into self finance college, the employees working in the said college were transferred to the other grant-in-aid colleges including the college run by the Trust. 13 employees were accommodated in the college run by the Trust by the government from J.S. Ayurvedic College, Nadiad. Out of 13 employees, seven employees have retired and as on date six employees are still working with the college run by the Trust. Therefore, the similar treatment, which was given to J.S. Ayurvedic College, Nadiad, should be given to the present employees working in the college run by the Trust. 7.1 Learned advocate Mr. Buch further submitted that there are vacancies available in Ayurvedic College at Jamnagar as well as Surat where the present employees can be accommodated and the employees are ready and willing to serve in other grant-in-aid colleges. Therefore, the appropriate direction be given to the State Government. 7.2 Learned advocate Mr. Buch thereafter contended that the order dated 18.5.2015 passed by the Trust is required to be quashed and set aside as the said order is nothing but overreaching the orders passed by this Court, more particularly, the orders dated 5.3.2015 passed by this Court in Civil Application No. 1141 of 2015 as well as Civil Application No. 4674 of 2015. Learned advocate referred to both the aforesaid orders passed by the learned Single Judge and submitted that the Trust was not paying the salary of the employees from December, 2014 and therefore this Court passed an order on 5.3.2015 whereby the Trust was directed to make payment of salary for the month of December, 2014 forthwith and shall continue to pay regular monthly salary to the employees. However, the said order was passed without prejudice to the rights and contentions of the Trust. The said order was confirmed upto the Hon'ble Supreme Court. However, the said order was passed without prejudice to the rights and contentions of the Trust. The said order was confirmed upto the Hon'ble Supreme Court. Inspite of that, there was non-compliance of the said order and therefore the employees filed another Civil Application under Order XXXIX Rule 2A of Civil Procedure Code wherein the learned Single Judge passed the order on 5.5.2015 directing the Trust to pay the salary for the month of January to May, 2015 in installment and regular salary for the month of June shall also be paid and the said arrangement will continue subject to the outcome of the main petition. At that time, the Trust did not disclose before the court that it is inclined to close down the institution/college. However, shockingly on 18.5.2015 the order of termination was passed and the college was closed by the Trust. He, therefore, submitted that the order dated 18.5.2015 be quashed and set aside and the Trust and/or the State Government be directed to pay the salary of the employees from May, 2015, and respondent-State be directed to accommodate employees-petitioners in other grant-in-aid colleges. 8. Having heard the learned counsel appearing for the respective parties and having gone through the material produced on record, the following factual aspects would emerge on record. a) That the Trust is a registered Charitable Trust which runs the Ayurvedic College recognized by the CCIM. 100% grant was received by the College run by the Trust from 1981. The employees were appointed by the Trust after due selection process and were working since long except six employees who were transferred from J.S. Ayurvedic College, Nadiad. It was difficult for the Trust to implement the norms prescribed by CCIM. The Trust, therefore, made representation to the respondent-government authorities, however, no response was given and therefore the Trust as well as similarly situated institutes filed different petitions in the year 2010. The same were dismissed by this Court. However, it was observed that it is open for the Trust to generate resources on its own and in the year 2012, the application was made by the Trust. The concerned responsible officer of the respondent-authority recommended for grant of No Objection Certificate for converting the institution into self finance. The same were dismissed by this Court. However, it was observed that it is open for the Trust to generate resources on its own and in the year 2012, the application was made by the Trust. The concerned responsible officer of the respondent-authority recommended for grant of No Objection Certificate for converting the institution into self finance. However, the respondent-government refused to grant No Objection Certificate vide order dated 13.6.2013 on the ground that No Objection Certificate is opposed by the concerned Sarpanch/M.L.A. And M.P. b) The Trust filed Special Civil Application No. 17021 of 2013 wherein the learned Single Judge directed the respondent-State to pass a fresh order for grant of No Objection Certificate in favour of the Trust. However, though direction was given by this Court once again, it was refused by the respondent-authority by an order dated 18.7.2014. The Trust, therefore, filed another petition being Special Civil Application No. 10770 of 2014. Learned Single Judge once again specifically directed the respondent-authorities to issue No Objection Certificate as similar to J.S. Ayurvedic College, Nadiad with a clear direction to grant such No Objection Certificate for converting the Trust into self finance within stipulated time limit. c) The decision given by learned Single Judge was challenged by filing Letters Patent Appeal No. 1131 of 2011 which was dismissed by the Division Bench. d) Ultimately, by an impugned order dated 4.12.2014, the respondent-State granted No Objection Certificate in favour of the Trust on certain terms and conditions. However, the said terms and conditions are not as per the direction given by the learned Single Judge and therefore Trust filed petition. e) The Trust thereafter has not paid salary of the 23 employees from December 2014 and when this Court passed different orders in Civil Applications filed by the employees, Trust passed an order on 18.5.2015 by which the College run by the Trust is closed down and services of 23 employees are terminated. The employees, therefore, prayed that the said order be quashed and set aside and the direction be given to the state to transfer the employees to any college/hospital receiving grant-in-aid of the State. 9. In the aforesaid background of the matters, it is clear from the record that the college run by the Trust was receiving grant-in-aid from 1981. The employees, therefore, prayed that the said order be quashed and set aside and the direction be given to the state to transfer the employees to any college/hospital receiving grant-in-aid of the State. 9. In the aforesaid background of the matters, it is clear from the record that the college run by the Trust was receiving grant-in-aid from 1981. The employees were getting salary from the grant received by the Trust from the government under the Direct Payment Scheme. Shri J.S. Ayurvedic College, Nadiad was also receiving 100% grant-in-aid. The State Government passed an order on 3.7.2007 by which the permission was granted to the said institution to convert it into self finance college and thereafter all the employees working with the said institution were given option either to continue with the said college and/or to join other colleges which are given grant-in-aid by the State. The relevant conditions of the order dated 3.7.2007 provide as under: "8. As per the statement produced with the letter dtd. Illegible-by the President of the Institution, there are, at present, total 37 (Thirty Seven) Teaching and Non Teaching Staff are working in this institute. This entire staff will be included in other Grant. In Aid Colleges managed by the Government by considering the present vacant posts. 9. The employees/teachers who do not accept the aforesaid condition (8), will be included in Self Finance College as per the conditions and the salary decided by the Management. 10. The staff of the said institute will be given option as to whether they want to join other Grant. In Aid College or to remain continue in Self Finance College and the institute will have to produce the pension papers of such employees/officers who have given such option before the Director for permission after preparing in within time limit." As per the condition of the said order, most of the employees working in the said institution were transferred to the college run by the Trust out of which, 17 employees have already attained the age of superannuation and at present six employees are working with the college run by the Trust. 10. Learned Single Judge passed the order on 14.8.2014 in Special Civil Application No. 10770 of 2014 wherein the learned Single Judge has specifically directed the respondent-State as under: "14. 10. Learned Single Judge passed the order on 14.8.2014 in Special Civil Application No. 10770 of 2014 wherein the learned Single Judge has specifically directed the respondent-State as under: "14. xxxx The court is, therefore, left with no option but to direct the respondents to afford similar treatment as given to the Shri J.S. Ayurvedic College, Nadiad and issue No Objection Certificate for conversion of the petitioner-college from a grant-in-aid college to a self-financed one." The aforesaid order has been confirmed the Division Bench. In spite of that, the State Government has now passed the impugned order on 4.12.2014 however the State Government has not passed the order similar to the order passed in J.S. Ayurvedic College, Nadiad. In the impugned order, the State Government has imposed the following condition: "2. The Institute shall have to take responsibility of entire management/financial/legal relating to establishment and other responsibility of all present Teaching/Non Teaching Staff of the College under Direct Payment Scheme from the date of grant of Self Finance College. The aforesaid Teaching/Non Teaching Staff of the said college will be given the benefits admissible as per prevailing rules of the Government. Moreover, the State Government will have to pay proportionate pension and other benefits of retirement to the concern employees for the period he has performed duties under Direct Payment Scheme of the State Government. The concern Institute will have to pay the aforesaid benefits (Other benefits of Pension and Retirement) to the concerned employee after the period from the date on which the Institute becomes Self Finance. Moreover, the Institute will have to make entire financial payment including Salary-Allowance-Pension etc. as per the standard of C.C.I.M. To the Officer/Employee who is recruited after the Institution is given permission of Self Financing." Thus, it is clear that in spite of specific direction given by this Court, State has given discriminatory treatment to the Trust and therefore the said condition is required to be quashed and set aside and accordingly condition No. 2 is quashed and set aside. 11. The State Government is therefore directed to pass a fresh order granting No Objection Certificate in favour of the Trust stipulating the conditions which were imposed while passing the order of granting No Objection Certificate in case of Shri J.S. Ayurvedic College, Nadiad. 11. The State Government is therefore directed to pass a fresh order granting No Objection Certificate in favour of the Trust stipulating the conditions which were imposed while passing the order of granting No Objection Certificate in case of Shri J.S. Ayurvedic College, Nadiad. It is clear from the record that out of 23 employees, six employees were in fact transferred from J.S. Ayurvedic College, Nadiad to the college run by the Trust and remaining 19 employees were appointed by the Trust from time to time after following prescribed selection procedure. It is not the case of the State Government that these 19 employees were irregularly appointed without following prescribed procedure. It is also clear from the record that by resolution dated 18.4.1998, the benefit of pension was extended to the employees working with Ayurvedic College including the employees of the Trust. Thus, the employees working at the College run by the Trust are required to be given option to remain with the Trust or to transfer with other grant-in-aid colleges. The employees have specifically stated in the petition filed by them before this Court that they may be transferred to the other grant-in-aid colleges. 12. Now with regard to the orders dated 18.5.2015 passed by the Trust is concerned, it is observed as under: 12.1 It is clear from the record that the employees are working since many years with the College run by the Trust. Out of 23 employees, six were transferred to the College run by the Trust from Shri J.S. Ayurvedic College, Nadiad. When the said College was converted into self finance College, the College run by the Trust was grant-in-aid College receiving grant from the government as observed hereinabove. All the employees were appointed after following due selection procedure. The learned Single Judge passed an order on 5.3.2015 in Civil Application No. 1141 of 2015 wherein the direction was given to the Trust to pay the salary for the month of December, 2014 forthwith within a period of 15 days and it was also directed to continue to pay regularly the monthly salary to the employees. The said order has been confirmed upto the Hon'ble Supreme Court. In spite of that, the Trust did not comply with the said order and therefore Civil Application No. 4674 of 2015 came to be filed by the employees under Order XXXIX Rule 2A of Civil Procedure Code. The said order has been confirmed upto the Hon'ble Supreme Court. In spite of that, the Trust did not comply with the said order and therefore Civil Application No. 4674 of 2015 came to be filed by the employees under Order XXXIX Rule 2A of Civil Procedure Code. Learned Single Judge passed an order on 5.5.2015 directing the Trust to comply with the order dated 5.3.2015 and make the payment of salary which may accrue every month regularly. Time for payment of outstanding dues was granted by way of indulgence to pay the salary within a period of three months commencing from June i.e. the outstanding amount was directed to be paid on or before 31.8.2015 without any exception. 12.2 Thus, it is evident from the record that with a view to over-reach the direction given by this Court in the aforesaid orders, the Trust has issued notice/order dated 18.5.2015 by which services of the employees were terminated. However, the said order has been stayed by an interim order passed by this Court on 2.6.2015. In spite of that, after May, 2015, the Trust has not paid any salary to the employees. It is not open for the Trust to terminate the services of the employees with a view to avoid its liability and more particularly when the Trust wants to get the status of self finance College. The employees are working since number of years and therefore it was not legal for the Trust to terminate the services of the employees without following due procedure of law. Accordingly, the orders/notices passed by the Trust impugned in Special Civil Application No. 8839 of 2015 are hereby quashed and set aside. The Trust is directed to pay the salary of the employees till the employees are accommodated in other grant-in-aid colleges by the State Government. 13. Now, so far as the relief prayed for by the employees to accommodate in other grant-in-aid colleges is concerned, it has been discussed hereinabove in detail. When the State Government has passed an order on 3.7.2007 in case of Shri J.S. Ayurvedic College, Nadiad, teaching and non-teaching staff working in the said institute were accommodated in other grant-in-aid colleges by the government by considering the vacant posts. When the State Government has passed an order on 3.7.2007 in case of Shri J.S. Ayurvedic College, Nadiad, teaching and non-teaching staff working in the said institute were accommodated in other grant-in-aid colleges by the government by considering the vacant posts. Therefore, it is already held hereinabove that the State Government has given discriminatory treatment to the Trust by passing an order dated 4.12.2014 and therefore once it is held that the State Government is required to give similar treatment to the College run by the Trust as that of Shri J.S. Ayurvedic College, Nadiad, the employees working with the College run by the Trust are also required to be accommodated in the other grant-in-aid colleges managed by the government by considering the vacant posts. 14. At this stage, it is once again required to be observed that when this court asked learned Government Pleader to inquire about the vacancies in other government Ayurvedic Colleges where 23 employees can be accommodated, the learned Government Pleader has fairly submitted, after taking instruction, that there are vacancies in government Ayurvedic Colleges at Jamnagar and Surat where 23 employees can be accommodated. Hence, the State Government is hereby directed to accommodate 23 employees of the College run by the Trust in Government Ayurvedic Colleges situated at Jamnagar and Surat within a period of six weeks from the date of receipt of this order. The Trust is directed to pay the salary of all the 23 employees till they are accommodated by the State Government in other government Ayurvedic Colleges. 15. With the aforesaid observations and directions, Special Civil Application Nos. 8839 of 2015 and 18548 of 2014 are allowed whereas Letters Patent Appeal Nos. 125 of 2016, Civil Application No. 1744 of 2016, Letters Patent Appeal No. 252 of 2016 and Civil Application No. 2736 of 2015 are disposed off in above terms. Civil Application No. 13044 of 2015 also stands disposed off.