JUDGMENT :

HEMANT GUPTA, J.

1. Leave granted.

2. Challenge in the present appeal is to an order passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, whereby an order passed by the learned Single Bench on November 3, 2009 was set aside.

3. Respondent No. 1 was appointed as Lecturer of Home Economics on ad-hoc basis till such full time Lecturer is appointed, vide appointment letter dated February 24, 1999. There was also a condition in the appointment order that if her performance is found to be unsatisfactory, services can be terminated without giving any notice. The relevant clauses of the appointment order read as under:

“1. With reference to your application, this is to inform you that you are appointed as a purely temporary full time lecturer in the subject Home Economics in Rajiv Gandhi Mahavidyalaya, Sadak Arjuni, on ad hoc basis.

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5. In case your performance is found to be unsatisfactory, your services shall be terminated at any time during the temporary services without any notice.”

4. The services of respondent No. 1 were terminated on February 20, 2001, inter alia, for the reason that her services in the academic year 1999-2000 and 2000-200