SANJAY KUMAR DWIVEDI,J. - (1.) Heard Mr. Indrajit Sinha, the learned counsel assisted by Mr. Vipul Poddar, the learned vice counsel appearing on behalf of the petitioner, Mrs. Darshana Poddar Mishra, the learned counsel appearing on behalf of the respondent State and Mr. Jitendra Tripathi, the learned counsel for the respondent no.3.
(2.) This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
(3.) The petitioner has preferred this writ petition for quashing the reasoned order dated 21.01.2019 whereby the claim of the petitioner for acceptance of her joining has been rejected. The further prayer is made for reinstatement of the petitioner in service on the post of Joint Director (IEC), Jharkhand State AIDS Control Society. Pursuant to the advertisement published in the newspaper under the signature of Under Secretary (Administration), Ministry of Health and Family Welfare, Government of India for appointment on the post of Joint Director (Information, Education and Communication) for as many as 20 States including the State of Jharkhand, the petitioner applied for the post of Joint Director (IEC) having the essential qualification. The petitioner was found eligible for appointment on the post of Joint Director and was called for interview vide letter dated 28.04.2008 issued from the National AIDS Control Organization, Ministry of Health and Family Welfare to appear before the interview Board at Chhatisgarh State AIDS Control Society, Raipur on 06.05.2008. The petitioner appeared in the interview Board and she was declared successful. She was appointed on the post of Joint Director (IEC), Jharkhand State AIDS Control Society vide letter dated 04.08.2008 on contractual basis for monthly salary of Rs.30,000/- per month. The appointment of the petitioner was initially for one year and finally renewed in terms of the agreement after one year. The petitioner and the Project Director, Jharkhand AIDS Control Society entered into an agreement/contract for service of the petitioner as contained in Annexure-4 dated 08.08.2018. The petitioner's service was again renewed for two years by the agreement dated 03.07.2009. The petitioner was working as consultant (civil society mainstreaming) on contractual basis vide letter dated 25.01.2008 pursuant to the advertisement published in the newspaper dated 14.12.2007 and the petitioner was also working additionally as Joint Director (IEC). The petitioner's appointment was terminated vide letter dated 04.09.2009. It was challenged by the petitioner in W.P.(S)No.4399 of 2009 and the impugned order was quashed and the respondents were directed to allow the petitioner to discharge her duty on the post of Joint Director(IEC) and to consider to pay the arrear of salary of the petitioner. The said order was taken before the Division Bench by the respondents in LPA No.37 of 2017 which was disposed of by order dated 25.07.2018 in terms of paragraph no.06 of the said order, which is quoted hereinbelow: "6. In view of the aforesaid direction, it appears that the State can always take a decision about the payment of arrears and remuneration for the period of contract. Extension of contract is the prerogative of one of the parties to the contract. There cannot be a compulsory extension of contract, otherwise the very spirit of Section 13 of the Indian Contract Act, 1872 will be violated patently. This aspect of the matter shall be kept in mind, while deciding the claim of respondent no.1 (original petitioner), as per the direction given by the learned single Judge dated 30th September, 2016 in W.P.(S) No. 4399 of 2009. This decision will be taken by the respondent authorities as early as possible, preferably within a period of four months from the date of receipt of a copy of this order." ;