A.K.Ganguly, J.

1. In this writ petition, the challenge initially was directed against the withholding of the increment of pay of the petitioner and also against the treatment meted out to him by respondent No. 1 by not treating him in regular service. Subsequently, when the writ petition was pending, an order dated March 2, 1994 was passed by the respondent No. 5 as Managing Director of the Bihar State Pharmaceutical & Chemical Development Corporation Limited (hereinafter referred to as the B.S.RC.D.C) and Chairman-cum-Managing Director of Bihar Insecticides Limited (hereinafter called B.I.L.) whereby it was alleged that the contract service of the petitioner shall be deemed to have come to an end with effect from the forenoon of January 25, 1994. The said order dated March 2, 1994 virtually amounts to dismissal of the petitioner from service with retrospective effect. The legality of the said order was also challenged in the writ petition by amending it and the said amendment was allowed by this Court by an order dated May 5, 1994,

2. Today before this Court the following questions fall for- consideration :

(i) Whether the appointment of the petitioner was made on the bas