JUDGMENT- R.G. DESHPANDE, J.:---The judgment and order dated 17-2-1983 passed by the learned Presiding Officer of the School Tribunal in Appeal No. TR/4/EN/144/1982 is the subject matter of challenge in the present writ petition. By this judgment and order, the learned Presiding Officer of the Tribunal has allowed the appeal of the respondent No. 4, permitting him to resume the duties by reinstating him in service on the post of a teacher and also directing the petitioner management to pay arrears of salary and allowances due and payable to the respondent No. 4. The order dated 12-1-1981 passed by the Deputy Director of Education, Nasik Division, Nasik, is set-aside.

2.In nutshell, the facts of the case are:

On 12-6-1973 the respondent No. 4 was appointed as Assistant Teacher in the High School run by the petitioner society, in a clear vacancy, where he worked from June, 1973 to August, 1976. The respondent No. 4 after having served for about three years was permitted to proceed for his B.Ed. training on deputation. However, it was on leave without pay from August, 1976, to April 1977. No doubt, the respondent No. 4 completed the B.Ed. training course from Sagar University and on com

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