DIPANKAR DATTA,J. - (1.) This intra-court appeal registers a challenge to the judgment and order dated December 1, 2015 passed by a learned Judge of this Court allowing WP 12574 (W) of 2009 presented by the respondent no.1 (hereafter the writ petitioner). Letter dated June 15, 2009 terminating the service of the writ petitioner was set aside and quashed and the writ petitioner was directed to be reinstated in service forthwith. The writ petitioner was granted liberty to apply for back-wages which the appellant was required to deal with in accordance with law.
(2.) Can 2555 of 2016 is an application for stay of operation of the order under challenge. While hearing the said application, we heard the parties on the merits of the appeal with their consent. Since we propose to dispose of the appeal finally by this judgment and order, the said application is not dealt with separately except to the extent required for an effective and proper decision on the appeal.
(3.) The writ petitioner responded to an advertisement published in the issue dated October 22, 2006 of "The Sunday Statesman" inviting applications for appointment on the post of Lady Principal in a fast developing English-Medium Co-Educational School, affiliated to the Council for the Indian School Certificate Examinations, New Delhi (hereafter the Council, for short). The advertisement, it later transpired, was inserted in such newspaper at the instance of Maharishi Vidya Mandir, 344/1, Netaji Subhas Chandra Bose Road, Kolkata 700047 (hereafter the institution). The writ petitioner was interviewed, whereafter she was offered appointment on the post of Principal by letter dated November 27, 2006 containing, inter alia, the following terms and conditions: "1. You will be on probation for a period of one year in the first instance, from the date of your joining duty i.e. 1st January, 2007. This period of probation is liable to be extended by another period of one year at the sole discretion of the school. Unless an order in writing confirming your appointment is issued by the school, you will not be deemed to have been confirmed in service but you shall continue as a probationer. During the period of probation or any extension thereof, your employment will be subject to termination by one month notice or payment of one month salary in lieu thereof, without assigning any reasons. Similarly you many resign from the services after giving one month's notice or salary in lieu thereof. 2. During your probation period or any extension thereof, your monthly consolidated salary will be Rs.13,700 (Rupees Thirteen thousand seven hundred only) per month. 3. On confirmation of your services by the school you will be entitled to the benefits as available to confirmed teacher according to the rules. 4. After confirmation of your services, your employment will be subject to termination without assigning any reason upon one month's written notice on either side or payment of one month's salary in lieu thereof. 5. You will initially be posted at Kolkata. However, your services are subject to transfer to any place in India where the society/school has its branches or where the school may establish branches after your appointment. 6. You will inform the school management of your current residential address and also inform the change in address as and when you shift your residence. Any communication sent on the address given by you shall be deemed to have been duly served on you. 7. You shall be governed by the service rules and code of conduct of the school which are in force from time to time also through office circulars issued in this behalf. You will also be required to sign a service agreement with the school. You may go through the copy of the service rules, code of conduct and service agreement before signing the duplicate copy of this appointment letter, in token of your acceptance of the terms thereof.";