PATEL SAVAN BHARATBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(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 University on 10.12.2019 is said to have taken decision to discontinue the appellants and other contractual employees. It is further stated that the Board of Management of the University vide resolutions dated 18.01.2020 and 24.01.2020 resolved to approve the earlier decisions of the Committee of the University dated 09.10.2019 and 10.12.2019. It is further case of the appellants that the University gave further appointment to the appellants vide letter dated 17.02.2020 for a fixed salary of Rs.13,200/-.