JUDGMENT

Pradeep Nandrajog, J. The respondent was offered appointment on October 17, 1995, as an Assistant Teacher under the Municipal Corporation of Delhi. She was to be on probation for 2 years. The relevant portion of the letter offering appointment to the respondent read as under:

"1. Probation period shall be for two years.

2. The appointment is purely temporary and the appointee or the appointing authority can terminate the same without disclosing any reason by one month's prior notice or one month's pay in lieu thereof, nevertheless the right to terminate the same immediately on the expiry of notice period or prior thereto shall be at the discretion of the authority.

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4. In case, the character, conduct and devotion to duty on the part of the appointee proved to be doubtful, he/she shall not be paid the wages even for the days he/she put in duty.

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9. In case, the appointee is found to be unfit or incapable by the Medical Officer, MCD during medical/test examination, his/her wages for the days he/she puts in shall not be paid and services put in by him/her shall be deemed to have been terminated w.e.f. the very appointment."

2. On the same date i.e. October 17, 1995, t