Valmiki J. Mehta, J.

1. By this writ petition the petitioner-school impugns the judgment of the Delhi School Tribunal dated 30.7.2008. By the impugned judgment the Tribunal has accepted the appeal filed by the respondent no.1 herein and set aside her dismissal order dated 15.5.2008 passed by the petitioner-school. The dismissal order dated 15.5.2008 was passed observing that the respondent no.1 did not perform satisfactory services during the period of probation and therefore her services were terminated.

2. The facts of the case are that the respondent No.1 herein was first appointed on temporary basis for a fixed period of one year on account of exigencies of work. This letter though does not bear the date, it is agreed before me that the same is dated 16.3.2005. The first two paras of this letter reads as under:-

“This has reference to your application seeking appointment as a temporary Teacher and subsequent interview on 07.03.2005. We here by appoint you as a temporary teacher for a fixed period of one year 16.03.2005 to 15.03.2006. Your monthly salary would be Rs.9,000/- all inclusive. You will not be entitled to any paid leave during this period.

Please note tha