ARUN BHANSALI,J. - (1.) This writ petition has been filed by the petitioner - Institution aggrieved against the judgment dated 9.8.2018 (Annex.8) passed by the Rajasthan Non-Government Educational Institution Tribunal, Jaipur ('the Tribunal'), whereby, the appeal filed by respondent No.2 has been allowed and the order dated 29.2.2008, whereby, services of the respondent No.2 were terminated, has been set aside with all consequential benefits. The respondent No.2 was appointed on the post of Hindi Teacher by order dated 11.4.1994 (Annex.1).
(2.) The relevant terms of appointment read as under:- "2. You will be on probation for a period of one year, which is liable to be extended at the discretion of Management. You will be confirmed only after you will complete your probation period to the satisfaction of Management. Your services are liable to be terminated at any time during or at the end of the probationary period without assigning any reason whatsoever. After confirmation your services are liable to be terminated by giving two months notice or two months pay in lieu thereof similarly, if you desire to resign from service, you are liable to give two months notice to Management at its discretion reserves the right not to accept the resignation. 3. If at any time during the tenure of your service with this school you are found guilty of any misconduct, you will be liable for immediate dismissal/removal." Whereafter, the order dated 1.4.2000 (Annex.3) was issued, whereby, the petitioner was promoted on the post of TGT. In the order of promotion, it was indicated that he would be on probation for a period of one year from the date of assuming charge of the post promoted post and the probation period is liable to be extended at the sole discretion of the Management.
(3.) By order dated 29.2.2008 (Annex.5), the services of the petitioner were terminated indicating as under:- "Dear Mr. Pandey, With great displeasure I am to inform you that Your services as a teacher are no longer needed in the Hindi Zinc School. As such the management of the school has decided to terminate your services with immediate effect. Hence your services stand terminated w.e.f. tomorrow i.e. 1st March, 2008 and your name shall be struck off from the Rulls of the School a cheque in the amount of Rs.28,455/- (equivalent to your two months salary is enclosed herewith For any amount due to your from the school you may contract the accounts branch of the school). Feeling aggrieved, the respondent No.2 approached the Tribunal by way of appeal. The appeal was contested by the petitioner - Institution. ;