(1.) PETITIONER was appointed as Deputy Manager (Store and Purchase, in Beltron Video Systems Limited, which is a subsidiary of Bihar State Electronic Development Corporation Ltd. on a contract basis for a period of one year with effect from 12.2.1988 on a consolidated salary of Rs.
(2.) ,500/ - per month vide appointment letter dated 23.4.1988. By another order dated 22.12.1988 the term of petitioner's appointment was extended up to 11th February, 1990. However, before 11.2.1990 an order dated 17th July, 1989 was passed repatriating the petitioner to his parent department. Being aggrieved by this, petitioner has filed this writ petition. 2. Learned counsel for the petitioner has submitted that petitioner was not appointed on deputation in Beltran Video Systems Limited, put his appointment was on contract basis for a fixed term and as the term of his appointment was extended up to 11.2.1990 the same could not have been terminated before the last date up to which the appointment was extended. Although Respondents have filed counter affidavit but none has appeared on their behalf. I have perused the counter affidavit also.
(3.) FROM perusal of the pleadings of the parties it appears that - the Board of Directors of Beltran Video Systems Limited passed a resolution appointing the petitioner as Deputy Manager for one year on deputation basis on a consolidated salary, but it appears that the said resolution was not carried out; instead an appointment letter dated 23.4.1988 was issued appointing the petitioner on contract basis for a period of one year. This letter, a copy of which has been filed as Annexure -4 to the writ petition, does not state about the appointment on deputation. It is an order simply stating about the petitioner's appointment on contract basis for a fixed term on a consolidated salary. The period of his appointment was, extended later on up to 11.2.1990. Even the order of extension does not mention about the appointment/extension of the petitioner on deputation. When the petitioner was not appointed on deputation question of his repatriation to the parent department does not arise. That apart Bihar Hotels Limited, where the petitioner was earlier working is a private undertaking and is not State within the meaning of Article 12 of the Constitution. It is also not a part of the Respondents. It may here be mentioned that in paragraph 9 of the writ petition, it has been stated that Beltron Video Systems Limited is a public undertaking and is a State within the meaning of Article 12 of the Constitution and this fact has not been disputed in the counter affidavit.