Valmiki J. Mehta, J.

Oral:

1. By this writ petition, the petitioner-school impugns the order of the Delhi School Tribunal (DST) dated 30.7.2008. By the impugned order the Delhi School Tribunal allowed the appeal of the respondent no.1 and set aside her termination of services with full back wages. The Delhi School Tribunal has held that respondent no.1 will stand confirmed after initial period of probation. It has been held that her services could not have been extended after the first year of probation. The DST has held that extension of period of probation has to be within the first year of probation itself and not after three months of the expiry of the order of probation and in such circumstances, the employee is deemed to be confirmed after the first year of probation. The Delhi School Tribunal has buttressed its findings by observing that no memo was given to the respondent no.1 during her first period of probation to show unsatisfactory work.

2. I have recently held in the case of Hamdard Public School Vs. Directorate of Education & Anr. (W.P.(C) 8652/2011 decided on 25.07.2013) as under:

“3. Sub-Rule 1 of Rule 105 provides the original period of probation as one yea