BABASAHEB AMBEDKAR OPEN UNIVERSITY Vs. DIPESH YASHWANTBHAI JANI

JUDGEMENT

(1.) The present Group of appeals have arisen from the oral judgment dtd. 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 dtd. 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 dtd. 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 dtd. 31/8/2021 passed by learned Single Judge till the final disposal of the appeal.

(3.) Though the appeals are of the year 2021 and 2022 respectively, the same have been taken up for final disposal in view of the stay granted by the coordinate Bench of this Court as well as the fact that the original petitioner is without service.