M.Y. Eqbal, J.

1. In this writ application the petitioner has challenged the office order dated 19-2-2003 issued under the signature of Chief General Manager (Personnel) Coal India Ltd. whereby the petitioner was intimated that the tenure of the petitioner as Director (Personel) Central Coalfield Ltd. has been terminated and he has been relieved from his duties as Director (Personnel) w.e.f. 10-2-2003.

2. The facts of the case lies in a narrow compass.

The petitioner joined M/s. Central Mines Planning & Design Institute (in short-C.M.P.D.I.) as Deputy Chief Engineer (E & M) in the year 1990 and thereafter he was promoted to the post of Additional Chief Engineer in the year 1991. Thereafter he was promoted to the post of Chief General Manager CMPDL In the year 1996 the petitioner being one of the eligible candidates for appointment as Director was called for interview along with other eligible candidates. By office order dated 27.5.97 and 21.12.97 petitioner was appointed as Director (Personnel) on lien in M/s Eastern Coalfield Ltd. for a period of 5 years on the terms and conditions contained in the said order. It is contended by the petitioner that during the period the petitioner worked as a Director there was no complaint and therefore, he was again called for interview for extension of the period and since the tenure of the petitioner was to expire on 1st June 2002, the respondent Coal India Ltd. by office order dated 25-5-02 intimidated that the Joint Secretary to the Government of India Ministry of Coal & Mines, Department of Coal, New Delhi passed an order of status quo for a further period of six months. However, by another office order dated 26-7-02 it was intimated that the period of extension was only for three months and not six months. By another office order dated 16-9-02 the extension period of three months was again reduced to a period of one month beyond August 2002. The petitioner said to have shocked and surprised to receive the office order dated 18-11-02 whereby he was informed that since the tenure of the appointment of the petitioner as Director (Personel) was under consideration he will only look after the work relating to welfare and community development pending further communication. Finally pursuant to the impugned letter dated 19-2-03 the petitioner was informed that the Director, Govt. of India Ministry of Coal, New Delhi relieved the petitioner from the post of Director with immediate effect. In the supplementary affidavit the petitioner stated that he completed 5 years in the post of Director (Personnel) on 1st June 2002 and as such beyond the said date followed by extension upto 19-1-03 he has lost his lien to his original post of Chief General Manager and as such now the petitioner cannot be reverted back to the said post and he was entitled to continue as Director.

3. A counter affidavit has been filed by respondent Nos. 1 to 5 namely the Ministry of Coal Mines. Department of Coal, Govt of India, wherein it is stated that admittedly the petitioner was appointed on a tenure post as Director on contract basis for a period of five years which expired on 1-6-02 and thereafter he was allowed to continue on ad hoc basis only upto 30-9-02 and ultimately he was relieved from the said post. It is stated that in view of the instructions of Department of Personnel and Training contained in OM No. 27 (II)-EO/86 (ACC), dated 19/21st May 1986, appointment to board level post in Central Public Enterprises are made for a period of five years or till the date of superannuation which ever is earlier on contract basis containing a provision that either party will have the option to terminate the services prematurely after giving three months notice. It is further stated that the appointment of the petitioner on contract basis is to be governed by the Articles of Association of the Central Coalfield Ltd, particularly Article 34(1)(A) and 34(E). The respondents further case is that the question of extension/n