Srinivasan, J.

A. INTRODUCTION.

This application is to review the order in W.A.No.1256 of 1992 dated 17-12-1993 and for setting aside the judgment as illegal, imcompetent and without jurisdiction. The petitioner herein (hereinafter referred to as ‘the applicant’) was not a party to the appeal. He obtained permission to file the present review application in C.M.P.No. 6622 of 1995. The Bench, which granted permission on 27-4-1995, made it clear in the order that the same was subject to the rights of the respondents object to the same, if so advised.

2. The third respondent in the application is the contesting respondent and he will be referred to herein as ‘the third respondent’. He was the petitioner in W.P.No.18609 of 1991, which has generated the Writ Appeal and the present application. The first respondent herein is the Commissioner of Collegiate Education while the second respondent is the Management of S.B.K. College, Aruppukkottai. The second respondent is a private aided college.

B. HISTORY

3. The third respondent joined the second respondent college in the year 1971 as Assistant Professor, Physical Education. He applied for leave on loss of pay for two years f