1. This letters Patent Appeal is directed against order dated 12-04-2002 passed by the learned Single Judge, whereby the writ petition filed by the appellant for quashing the order terminating her services has been dismissed and consequent thereof order dated 26-07-2001 terminating the services of the appellant has been up held.

2. In brief the facts are that for the post of Technical Assistant (Home Science) minimum qualification was M.Sc. (Home Science) but vide Sher-e- Kashmir University of Agricultural Science & Technology™s (S.K.A.U.S.T.) order No. 322 of 1994 dated 06-05-1994 the appellant, namely Poonam Parihar, who was only B.Sc. (Home Science) was appointed as Technical Assistant (Home Science) on adhoc basis for a period of three months on a consolidated pay of Rs 1740/ without allowances . As a consequence of appointment she was posted at Krishi Vigyan Kendra (K.V.K.) R.S.Pura, Jammu.

3. On the expiry of three months vide order dated 03-09-1994 adhoc contractual appointment was extended for a further period of three months after giving one day™s break. There-after vide order dated 23-11-1994 the appellant was given extension of six months again on adhoc basis or till the post was to be filled up in accordance with the recruitment Rules. Vide order dated 06-05-1995 the adhoc appointment was extended for a further period of six months giving one day™s break. There after vide order dated 20-11-1995 as recommended by the Director Extension Education, the appellant was adjusted temporarily as Technical Assistant (Home Service) against the available vacancy. She was to remain on probation for a period of two years. However, vide order dated 24-11-1997 on the recommendation of Chief Scientist, Krishi Vigyan Kendra, R.S.Pura, the probation of the appellant was waived of w.e.f. 20-11-1997, though it was ordered that the appointment will not confer claim of permanency on the post held by her and she would continue as temporary employee of S.K.A.U.S.T.

4. Appellant proceeded on earned leave for a period of 23 days on account of domestic problem w.e.f. 01-12-1998 to 31-12-1998. During the period of leave she got admission in M.Sc. (Home Science) Extension Education in Kumari R.C. Mehla P.G. College, Mainpuri affilated with Dr. B.R. Ambedkar University, Agra and Started attending classes. On the expiry of the leave period she joined on 24-12-1998, but again proceeded on leave on 06-01-1999 to 06-02-1999. After the expiry of the leave period she did not join. Chief Scientist, KVK, R.S.Pura vide letter dated 10-02-1999 asked her to duty. Appellant instead of joining the duties vide application date 06-02-1999, which was received in the office of the Chief Scientist, KVK R.S.Pura on 20-02-1999 informed the Chief Scientist that she has obtained admission in M.Sc. (Home Science) at Mainpuri and requested for sanction of deputation for under going the said course under Faculty Improvement Programme. Vide a note dated 25-02-1999 the Chief Scientist forwarded her request to the Registrar. In his note the Chief Scientist also mentioned that under the rules the appellant cannot be allowed to persue higher studies and therefore, while considering her case for deputation for M.Sc. Programme, she may be shifted to some non ICAR Scheme. On receipt of the note forwarded by the Chief Scientist, the Dy. Registrar in his note to the Registrar recorded that the deputation of Poonam Parihar, Technical Assistant for M.Sc. (Home Science) at Kumari R.C. Mahila P.G. College, Mainpuri cannot be considered. In this regard reference was made to certain provisions of S.K.A.U.S.T. statutes. On receipt of note it was put up before the Vice Chancellor S.K.A.U.S.T. who at that time was Dr. M.Y.Kamaal. The Vice Chancellor on 26-03-1999 accepted the proposal of the Deputy Registrar, meaning thereby that the request of the appellant for considering her case for deputation for under going programme in Extension Education was rejected. The decision of