Judgment

SINGH, J. :- This appeal is directed against the judgment and order of the High Court of Gujarat dated October 12/13, 1983 directing the University of Gujarat to pay backwages to the respondent for the period 20-9-1973 to 14-9-1981 on the basis of the monthly emoluments which he was entitled to withdraw for the post to which he was reinstated in pursuance of earlier order of that Court dated 6/7-8-1981.

2. The respondent was employed as a lecturer in the Faculty of Education and Psychology with the appellant University. In June, 1970 the University sent him to West Germany on an educational scholarship for research work in Education. He applied for duty leave of four months for training in German language before taking up of his scholarship assignment in Frankfurt in November, 1970. The University granted leave. The respondent was granted leave on half-pay for 180 days from 30-5-1971 to 25-11-1971 and then to 28-1-1973. His period of leave was further extended and ultimately he was requested by the University to resume duty in the University. On 1-6-1973 while the respondent was in West Germany, he applied for sick leave from 1-6-1973 to 31-8-1973 and sent a medical certific