ORAL JUDGMENT :- Heard.

2. The petitioners challenge judgment and order dated 7th of July, 1995 passed by the School Tribunal, Nasik in Appeal No.5 of 1993. By the impugned judgment the School Tribunal has allowed the appeal filed by the respondent and has directed the petitioner-Management to reinstate the respondent to her original post along with backwages and all the monetary benefits attached to the post.

3. The respondent was initially appointed in December, 1987 on leave vacancy for a period of five months. Thereafter under letter of appointment dated 1st of July, 1988 she was appointed as an Assistant Teacher on the pay scale of Rs. 290-1-390-15-465. Fresh appointment order was issued on 28th May, 1990 as well as 31st May, 1991. The respondent's services came to be terminated with effect from 1-5-1992 and therefore the respondent filed the said appeal which was allowed by the impugned order.

4. While challenging the impugned order, it was sought to be contended on behalf of the petitioners that the respondent was appointed in a temporary vacancy. The post was meant for the reserved category candidate, but the petitioner belonged to the open category, and hence the appointme

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