JUDGMENT :

Sudhanshu Dhulia, J.

1. The matter is taken up through video conferencing.

2. Heard Ms. R.S. Choudhury, learned counsel for the petitioners. Also heard Mr. P. Mahanta, learned Amicus Curiae.

3. This writ petition has been filed by the petitioner who is the Deputy Commissioner of Navodaya Vidyalaya Samiti, challenging the order of the Central Administrative Tribunal dated 17.12.2015 passed in Original Application No. 97/2008 by which the Original Application of the respondent No. 1 herein was allowed directing that the respondent No. 1 be reinstated in service as a Trained Graduate Teacher (TGT) English.

4. This case has a long and chequered history and this is second round of litigation before this Court. The facts of the case being important, needs to be stated first.

The respondent No. 1 was appointed as TGT English teacher after she was duly selected. This was by an appointment order dated 07.06.2006 where she was asked to join as TGT English Teacher in Jawahar Navodaya Vidyalaya at Banduar, Udaipur, South Tripura. There is absolutely no dispute about the fact that the appointment of the respondent No. 1 was initially for two years on probation. The condition also stipulate