JUDGMENT - BOBDE S.A., J.:-This petition is originally filed by a teacher whose services were terminated, is now sought to be continued by the petitioner No. 1, her husband and her two children. The original petitioner expired on 1st June, 1999.

2. The original petitioner, Smt. Indumati, was employed by the respondent Nos. 2 to 4, hereinafter referred to as the respondents, in the New English High School at Akola. She was confirmed as an assistant teacher in the year 1984. On 28th June, 1985 she made an application to the respondents that she intends to go on leave for a period of about two years from 1st July, 1985 to 30th April, 1987. The respondents replied and rejected her application for leave by letter dated 5th July, 1985. The teacher persisted. Therefore, on 20th July, 1985 the respondents wrote a letter that if she proceeds on leave then her act will be treated as an act of terminated of her services. The teacher, therefore, wrote another letter stating that she cannot resume her duty and quoted Rule 16(3) of the Maharashtra Employees of Private Schools (Conditions of Service Regulation) Rules, 1981, (hereinafter referred to as "the M.E.P.S. Rules"), which provides that the

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