PER KALYAN JYOTI SENGUPTA, J. - (1.) THE petitioner being appointed Assistant Teacher in the institution namely St. Agnes School at 6 Avenue South Side, Post and Police Station Kharagpur, District Mid -napur has challenged order of termination dated 3rd April 1996 and has asked for reinstatement in the said post and other benefit of payment of duty of salary which were payable during her course of employment and also the back wages on reinstatement. The petitioner 's case in short is as follows:
(2.) BY a letter dated 23rd November, 1993, the petitioner was appointed to the aforesaid post on and from 18th November, 1993 in the scale of pay of Rs.1426 -451 -155 -55 -1720 -65 -2000 -75 -3130 plus Medical Allowances, House Rent Allowance and Government D.A. as Government rules then prevailing. This appointment was made on probation for two years with condition that after which if her works proved satisfactory she might be confirmed, as may be decided by the School Managing Committee. Further condition was that her services might be terminated at any time with one month 's notice on either side, or one month 's pay in lieu thereof. The petitioner completed two years probationary period in terms thereof and during which her services were not terminated. On 17th November, 1995 on immediately preceding day of expiry of the aforesaid period of two years a purported extension for 6 months was granted from 18th November, 1995. It is mentioned in the said letter of extension if her services were found satisfactory, she would be confirmed in service. At any time during probationary period, her services might be terminated without notice and without showing any reason. If she was not confirmed at or before the expiry of the probationary period, her services stand automatically terminated. Confirmation in service after completion of probationary period shall be made on recommendation of the Head of the Institution. However, during probationary period her services were not found satisfactory the management reserves right to remove her from services. During this probationary period she will be paid Rs.946/ - per month plus Government D.A. according to Government rules.
(3.) SHE worked for 6 months after expiry of initial period of two years. Before expiry of extended period of 6 months she was served with the letter of termination dated 3rd April, 1996 whereby the period of her services were brought to an end on 17th May, 1996.;