Tulpule and Justice Jamdar. The learned Judge, after considering the pleadings and the prevailing situation, held that the Petitioner was not continuously served for 240 days in calendar year and, therefore, she is not entitled for absorption and thereby held the action of management as correct/legal. The learned Presiding Officer has taken note of the oral evidence and the documents placed on record of the parties. Admittedly, her services were terminated with effect from 30.06.1988. So she worked only for 207 days continuously. The learned Judge has also observed that direction of Supreme Court, in no way, cover the case of the Petitioner. The Court has also not accepted the case that some other person was appointed in her place by the management and no such work was available at the relevant time. The finding is also given that she never worked continuously to claim 240 days, based upon the earned leave and she admittedly only 207 days. The issue with regard to the subsequent reference just cannot be gone into the matter as submitted based upon the subsequent reference. The Court need to consider the facts and circumstances and the point of reference, based upon the pleading and the point of reference. The subsequent decision, even if any, just
