JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing.

2. This petition poses a unique conundrum about entitlement of an officer - holder of a substantive lower post - to continue to hold higher post on which he is appointed on contract basis for a fixed tenure. The issue becomes unique as his movement from lower to higher post is not by ‘promotion’ but by way of ‘contractual appointment’ and upon joining the higher post, his lower substantive post is treated as vacant by the employer and filled by making regular appointment. Contrary to the specific term that the contractual appointment is only for a maximum period of 5 years, there is a suggestion in one of the orders that he would get regular payscale after expiration of period of 5 years. What would be his fate upon expiration of period of contract appointment on higher post - whether he will be ousted from service or reassigned to his substantive post? Whether mere making of regular appointment on his substantive lower post would create a right in his favour to continue to occupy the higher post even upon expiration of period of contract? W