B.P.Banerjee, J. - (1.) This appeal is against the judgment and order dated 24th September, 1992 passed by the learned trial Judge by which the learned trial Judge on the basis of a letter written by the writ petitioner-opposite party addressed to the learned Chief Justice of the court dated 29th April, 1992 granted relief to the opposite party. Kumari Dipali Bandopadhyay instead of filing a formal writ application wrote a letter to the learned Chief Justice of the Court praying for relief against the alleged illegal termination of her service as a Hindi Typist in Videsh Sanchar Nigam Limited (referred to as V.S.N.L.) and that the said letter written by the petitioner-opposite party was specially assigned by the learned Chief Justice Shri N. P. Singh (As His Lordship then was) whereupon the learned trial Judge treated the said letter as a writ application and called upon the appellant to show-cause. The appellant also filed an affidavit-in-opposition dealing with the case made out in the said letter. The applicant also filed a rejoinder to the affidavit-in-opposition and thereafter on consideration of the entire facts and circumstances of the case the learned trial Judge held that the order of termination of her service in the manner it was done was illegal.
(2.) The fact of this case is that Kumari Dipali Bandopadhyay was duly appointed as a Hindi Typist on probation on 27th March, 1991 in V.S.N.L. which is a Government of India Undertaking at Calcutta after complying with the usual formalities. After completion of the probationary period, she was duly confirmed by the General Manager of the appellant by the following order : "Kumari Dipali Bandopadhyay, Hindi Typist, Videsh Sanchar Nigam Limited, Calcutta Branch, who has completed six months probation period in the grade in Videsh Sanchar Nigam Ltd., hereby confirmed in the grade of Hindi Typist" After a few months, by the letter dt. 10th March, 1992 the service of the petitioner-opposite party was terminated by the following office order : "Kumari Dipali Bandopadhyay was appointed as Hindi Typist in VSNL, Calcutta Centre vide this office Memo No. CA-23/17/91-EST 19 dated 27.03.1991. As per the Clause (ii), ,para (6) of the terms and condition the offer of appointment letter No. CA-23/17/19-EST/325 dated 14.03.1991, I have been now directed to terminate the service of Kum. Dipali Bandopadhyay with immediate effect consequently her service as Hindi Typist is discontinued from Calcutta Centre with effect from 10.03.1992 (Afternoon). She is paid Rs. 4856/- (rupees four thousand eight hundred fifty six only) as terminal dues equivalent to three months salary on the basis of her current pay and allowances drawn till date." In this connection, it may be mentioned that the letter offering appointment to the petitioner-opposite party dt. 14th March, 1991 contained a clause which is relevant for this purpose. The said clause is as follows : "(ii) On completion of probation : Your appointment may be terminated at any time by giving three months' notice in writing. VSNL, however, reserves the right of terminating your services forthwith or before expiration of the stipulated period of notice of 3 months by making payment to you of the period of notice or unexpired portion thereof."
(3.) The case of the writ petitioner-opposite party was that her service was terminated after she had served only 11 months 14 days without any complaint against her and that as her service was found to be satisfactory by the authorities concerned, her service was duly confirmed. Thereafter, there was no bona fide reason or ground to terminate her service. The writ petitioner-opposite party passed B.A. Examination from the Calcutta University in 1986 and passed the Hindi 'Prathamik' examination in 1987 and thereafter, Hindi Prabesh examination in 1987. She also passed the Hindi Parichay Examination and Hindi Typewriting Examination in 1990 from the West Bengal Rashtrabhasa Prachar Samity. She also passed English type writing examination in 1990 from a Commercial College at Calcutta. She registered her name in the Employment Exchange in Salt Lake some time in June, 1987. Her appointment was made in a regular manner. She was interviewed by an Interview Board after her name was forwarded by the Employment Exchange. She appeared before the Interview Board and on merit she was selected and her appointment was made on the basis of selection.;