JUDGMENT :

Smt. Priti Sharma, the petitioner, is the widow of the late Jaikrishna Bhardwaj, an Assistant Teacher with the DAV Inter College, Aligarh[hereinafter referred to as “the College”]. The College imparts education up to Class XII, and is recognised under the Uttar Pradesh Intermediate Education Act, 1921[for short “the Act of 1921”]. The College receives grant-in-aid from the State Government and managed by a private management.

2. There is little quarrel that the petitioner's husband, the late Jaikrishna Bhardwaj, was duly appointed to the post of Assistant Teacher in L.T. Grade with the College by the respondent-Management, through a letter of appointment dated 28.07.1995. This appointment was made on a short-term vacancy against a substantive post, on account of the permanent incumbent, Mahesh Chandra Kansal, being promoted ad-hoc to the post of a Lecturer with the College, on 02.09.1994. The appointment was, therefore, terminable, upon the joining of an incumbent selected by the Uttar Pradesh Secondary Education Services Selection Commission, or upon Mahesh Chandra Kansal joining back his substantive post, whichever be earlier. The appointment of the petitioner's husband