JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition is directed against the judgment passed by the School Tribunal, Nagpur Region, Nagpur, dated 13th November, 1990 in Appeal No. 117/1989.

2. Briefly stated, the respondent No. 1 was appointed on purely temporary basis for one academic session 1985-86. At the relevant time the respondent No. 1 was an untrained teacher. However, the services of the respondent No. 1 were continued on year to year basis upto the academic year 1988-89. In the meantime with the permission of the petitioner the respondent No. 1 joined the D.Ed. Course for acquiring the requisite qualification. The petitioner had permitted the respondent No. 1 to pursue the said course during the vacation and also for requisite training. However, it appears that the respondent No. 1 was on medical leave from 6-10-88 to 6-5-89. There is no dispute that this medical leave was sanctioned by the petitioners. Before the medical leave was to the expire the respondent No. 1 sent a letter requesting for continuing the medical leave for a further period upto 25-6-89. The said request was made in writing and the copy of the letter was sent under certificate of posting alongwith the

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