The petitioner was advised for appointment as Tutor in T.B. and Chest Diseases as per the advice of the P.S.C.dt 31-7-1991. He was temporarily appointed as Tutor pursuant to the said advice by Ext.P1 order dt. 19-8-1991.. The appointment was regularised with effect from 30-8-1991 as evidenced by Ext.P2 order. The 4th respondent had been advised for the same post vide advice dt.14-12-1990. He joined duty on 4-2-1991. As he was undergoing Post Graduate Studies in General Medicine, he left the very next day to continue his studies after applying for leave. The leave was sanctioned as per Ext.R4(d)dt.27-12-1991. It is seen from Ext.R4(d) that the leave was granted to the 4th respondent from 5-2-1991 to 30-8-1992 for study purpose in relaxation of R.88(u) Part I K.S R. subject to the specific condition that the leave period will not count for any service benefits including pension as provided in G.O.(P) 524/847 Fin. dt.18-9-1984. The said Government Order dt.18-9-1984 is produced along with the reply affidavit marked as Ext.P7.

2. The 4th respondent completed his Post Graduate Studies and sought permission to rejoin duty. Accordingly, the 2nd respondent issued Ext.P5 order pe