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2020 Supreme(Guj) 607

VIKRAM NATH, J.B.PARDIWALA
Mahavirsinh Narapatsinh Jadeja – Appellant
Versus
Saurashtra University – Respondent


Advocates Appeared:
For the Appellant : Mr. Anand B Gogia, Ms. Kajal L. Kalwani.
For the Respondent: Mr. A.R. Thacker.

JUDGMENT :

J.B. PARDIWALA, J.

1. This appeal under Clause 15 of the Letters Patent Act is at the instance of an unsuccessful writ applicant and is directed against the order passed by a learned Single Judge of this Court dated 29th June 2020 in the Special Civil Application No.21449 of 2019, whereby the learned Single Judge declined to entertain the writ application filed by the writ applicant on the ground that the writ applicant has an alternative efficacious remedy of filing an appeal under Section 11 of the Gujarat Educational Institutional Services Tribunal Act, 2006 (for short, “the Act, 2006”).

2. The facts giving rise to this appeal may be summarised as under:

    2.1 The appellant herein came to be appointed as a 'Postal Assistant' on the establishment of the Saurashtra University on 4th September 1997 on a fixed pay. It is the case of the appellant that at the time of his appointment, he was called for interview, and thereafter, came to be appointed. It is his case that the University had been paying salary to him till the time of his termination from the service. The salary was being paid from the grant received from the State Government.

3. It appears that the appellant herein h

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