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2024 Supreme(Guj) 62

ASHUTOSH SHASTRI, HEMANT M. PRACHCHHAK
Dinesh Sharan Thakur – Appellant
Versus
M. K. Shah Medical College And Research Centre – Respondent


Advocates:
Advocate Appeared:
For the Respondent: MS MITUL SHELAT for MS DISHA N NANAVATY, VIKAS V NAIR

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present Letters Patent Appeal is filed by the party-inperson – appellant (original petitioner) under Clause 15 of the Letters Patent against the impugned judgment and order dated 22.02.2022 passed by the learned Single Judge in Special Civil Application No.12227 of 2021, whereby, the learned Single Judge had dismissed the petition. The Special Civil Application No.5630 of 2022 is filed by the petitioner for quashing and setting aside the Order No. MKSHAHMCRC/REL-LETTER/271/2021-22 issued by respondent No.1 dated 09.03.2022 and reinstatement the petitioner in service with all consequential benefits. Both the appeal and the petition are heard together.

2. Brief facts of the present appeal in nutshell are as under:-

2.1 The petitioner – appellant herein is a degree holder holding M.D. in Anesthesia from AIIMS, New Delhi. The petitioner was engaged by the respondent No.1 Dr. M. K. Shah, Medical College of Research Centre on the post of Professor and head of Department (Anesthesia) on 17.03.2017. The party-in-person joined on 18.03.2017. On 12.06.2021, the petitioner addressed a letter to the Medical Superintendent of respondent No.1 – college that

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