(1) LEAVE granted.

(2) LEAVE also granted to State that the appellant is the Union of India.

(3) HEARD counsel on both sides.

(4) THE facts reveal that the respondent was originally appointed as a Staff Nurse in 1975 but when it was found that she did not possess the requisite 9 qualifications required for Staff Nurse as per the relevant recruitment rules then in operation, her services were terminated on 8/3/1982 under the provisions of C.O.S. (Temporary Service) Rules, 1965. The respondent did not question her termination and accepted the offer of being posted as Auxiliary Nurse Midwife (ANM) in the scale of rs 260-350. Thereafter, she made certain representations, the last in 1985, against the termination order but they were rejected on the ground that she did not possess the requisite qualification and was not eligible for the post of Staff Nurse. Taking advantage of the confirmation order issued in 1990, in 1991 she filed the petition in question before the central Administrative tribunal, Bombay, which came to be numbered as OA No. 241 of 1992. The tribunal notwithstanding the long lapse of time of almost a decade and notwithstanding the fact that