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2021 Supreme(Guj) 295

VIKRAM NATH, ASHUTOSH J.SHASTRI
PATEL SAVAN BHARATBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant :MR IH SYED, SENIOR ADVOCATE with MR MEET A SHAH
For the Respondent:MR MITUL SHELAT ADVOCATE for MS DISHA N NANAVATY

JUDGMENT :

VIKRAM NATH, J.

1 By means of these appeals under Clause 15 of the Letters Patent, both the appellants have prayed for setting aside order passed by learned Single Judge dated 08.10.2020 and to further quash and set aside the termination/relieving order dated 08.10.2020 passed by the respondent University i.e. Babasaheb Ambedkar Open University (hereinafter referred to as “the University”).

2. The present appellants were appointed on contractual basis for a period of 11 months on non-teaching post on completely ad hoc/temporary basis against an advertisement dated 31.08.2016. They were appointed as Assistants vide orders dated 06.06.2017 and 03.07.2017 for a fixed salary of Rs.12,000/- on ad hoc/temporary basis for the period of contract. Thereafter on 25.05.2018 they were given a further appointment for a fixed period against fixed salary of Rs.13,200/-.

3. The competent body of the University in its meeting held on 09.10.2019 and 24.10.2019 took a decision to fill up the ad hoc/temporary contractual non-teaching posts through outsourcing. This would result into discontinuance of the appellants. Further in continuation of the earlier meetings, the competent body of the Univ

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