LAWS(DLH)-2013-9-294

ANTHONY'S SENIOR SECONDARY SCHOOL Vs. RADHIKA SHARMA

Decided On September 10, 2013
Anthony's Senior Secondary School Appellant
V/S
Radhika Sharma Respondents

JUDGEMENT

(1.) BY this writ petition the petitioner-school impugns the judgment of the Delhi School Tribunal dated 30.7.2008. By the impugned judgment the Tribunal has accepted the appeal filed by the respondent no.1 herein and set aside her dismissal order dated 15.5.2008 passed by the petitioner-school. The dismissal order dated 15.5.2008 was passed observing that the respondent no.1 did not perform satisfactory services during the period of probation and therefore her services were terminated.

(2.) THE facts of the case are that the respondent No.1 herein was first appointed on temporary basis for a fixed period of one year on account of exigencies of work. This letter though does not bear the date, it is agreed before me that the same is dated 16.3.2005. The first two paras of this letter reads as under:-

(3.) WHILE extending the period of probation for one year, the petitioner-school vide its letter dated 5.10.2007 informed the respondent No.1 that her services were not up to the mark and that respondent No.1 needed to make efforts to improve her performance. This letter again specifically mentions that unless confirmation is in writing, respondent No.1 will continue to remain on probation.