AMRESH SHARAN Vs. STATE OF BIHAR

JUDGEMENT

(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 Beltron 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.) THE Petitioner's appointment not having been made on deputation, question of his repatriation to some alleged parent department does not arise. The impugned order has thus, been passed on erroneous assumption and, therefore, is not liable to be sustained, but the Petitioner is not entitled to an order of reinstatement because the period up to which his term was extended has expired long ago.