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2021 Supreme(Guj) 635

BIREN VAISHNAV
KIRITKUMAR KISHANBHAI VADHER – Appellant
Versus
PRINCIPAL – Respondent


Advocates Appeared:
For The Appellant : MR PH PATHAK
For The Respondent: MR BIPIN P JASANI

JUDGMENT :

1. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 24.3.2008 passed by the Gujarat Affiliated Colleges Services Tribunal at Ahmedabad (for short, `Tribunal’) in Application No.25 of 2000 in so far as it denies salaries to the petitioner for the intervening period of about 8 years from the date of wrongful termination dated 31.8.2000 to the date of reinstatement.

2. The facts in brief are as under:

    2.1. The petitioner was appointed on compassionate ground under the respondent – College as a Sweeper as his father who also was working as Sweeper under the respondent No.1 – college died in harness.

2.2. Initially the petitioner was appointed as a Daily Wager. The respondent – college thereafter carried out a regular procedure of selection and appointed one Shri Kishorkumar C. Javiya on the post of regular Sweeper. The petitioner who was also called for selection, was not selected. Aggrieved by his non-selection, the petitioner approached the Tribunal by filing Application No.7 of 1992 making a grievance of his non-selection. He also challenged his termination with effect from 15.1.1992. The Tribunal on 17.1.1992 gran

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