S.D.Agrawal, J. - (1.) This is a defendants appeal arising out of a suit filed by the respondent Smt. Janki Singh for a permanent injunction restraining the appellant from removing, discharging, or terminating the services of the plaintiff respondent in the Adarsh Kanya Uchchtar Madhyamik Vidyalaya, Darangar, Varanasi in consequence of a notice dated 19th December, 1968. The suit was dismissed by the trial court on 1st August, 1969. Against the said judgment an appeal was filed by the plaintiff respondent. The said appeal was allowed by the lower appellate court on 25th April, 1970 and a perpetual injunction was issued restraining the appellants from removing the [plaintiff respondent from the services of the college in consequence of the notice dated December 19, 1968. Against the judgment dated 25th April, 1970 the present second appeal has been filed in the Court.
(2.) Briefly the facts giving rise to the present second appeal are as follows; On 2nd June, 1967 an application was made by Smt. Janki Singh to the Manager of the College for appointment to the post of a teacher in the College in pursuance of an advertisement given by the College on 25th May, 1967. By an appointment letter dated 8th July, 1967 Smt. Janki Singh was appointed as a temporary teacher for a period of one year from 1st July 1967 to 30th June, 1968. The appointment letter is in the following words: Visai - Asthai Niyukti Mahodaya, Apki Niyukti asthai taur per ek vars ke prasikshan kaal per dinak 1-7-1967 se 30 June san 1968 Uk ke liye betan kram 12j-20-20 me, prabadh samiti vibhagiya aoumodan ke liye presitkar, ki gai hai, Anumodan na milne per aapki sewa bina agrim suchna samapt Kar kdi jayegi." In pursuance of this appointment letter Smt. Janki Singh started teaching in the college. This appointment being for, one year till 30th June, 1968 had automatically come to an end after the expiry of the said period.
(3.) It appears that thereafter again the college advertised the post. Smt. Janki Singh again applied on 25th June, 1968 for appointment to the said post. This application is Ex A4 on record. The college appointed Sm C. Janki Singh, the plaintiff respondent, temporarily for a period of. one year from 8th July, 1968 to 30th June, 1969. The actual words of the second appointment letter are also quelled below ; "Visai - Ashtai Niyukti. Mahodaya, Apki nyukti abthai taur per ek vars ke prasikshan kaal per dinak 8 7 68 se 30 June 1969 tak ke liye betan kram 120-20-20 me prabaodh samiti vibhagiya anumodan ke liye presitkar ki gai hai anumodau na milne par aapki sewa bina agrim suchna samapt kar oi jayegi." Subsequently a notice dated 19th December, 1968 was issued to the plaintiff respondent that her services are no longer required and accordingly terminated. Immediately after the issue of this notice the present suit was filed by the plaintiff respondent for the relief which have already been mentioned above.;