Back
Babasaheb Ambedkar Open University – Appellant
Versus
Dipesh Yashwantbhai Jani – Respondent
JUDGMENT :
A.J. Desai, J.
1. The present Group of appeals have arisen from the oral judgment dated 31.8.2021 passed by learned Single Judge in the captioned writ petition by which the petition filed by the respondent No. 1 herein was allowed in part and the order dated 3.2.2017 issued by Dr. Babasaheb Ambedkar Open University was quashed and set aside and the said University was directed to reinstate the original petitioner, however, without any back wages for the interregnum period i.e. from 2017 till date the original petitioner resumes the duty, holding the University to continue services of respondent No. 4 till completion of fix period of five years on fixed salary which was coming to an end in the year 2021.
2. Letters Patent Appeal No. 1092 of 2021 came to be admitted by the coordinate Bench of this Court vide order dated 13.1.2022 after hearing learned advocate appearing for the appellant-University and Ms. Niyati Shah, learned advocate appearing for the original petitioner. On the same day, coordinate Bench has also stayed impugned judgment dated 31.8.2021 passed by learn
Point of Law - There is no violation of Articles 14 and 19(1)(g) of the Constitution of India. As there is alternative efficacious remedy available to the petitioner to approach the Lobour Court for ....
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
Absorption in service – As per UGC Regulations compensation to be paid for emoluments equal to the gross salary of regularly appointed Assistant Professors for the services rendered by them for a per....
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Selected candidates for regular posts cannot be arbitrarily appointed on contract; such appointments deemed regular from inception, fictional service breaks invalid, entitling continuity, re-engageme....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
