Neutral Citation No. - 2025:AHC:29236 Court No. - 10 Case :- WRIT - A No. - 2595 of 2025 Petitioner :- Ojas Shandilya Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Nityodit Tripathi,Shivendu Ojha,Sr. Advocate Counsel for Respondent :- A.S.G.I.,Hem Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for petitioner, Sri Anurag Sharma, Advocate for Respondent-1 and Sri Hem Pratap Singh, Advocate for Respondents-2 to 5. 2. On basis of material available, petitioner before this Court is able to show that he was working on a yearly contract basis on the post of Technical Officer-cum- Computer Programmer Grade-II (now renamed as System Manager Grade-II) which was extended from 2017 till the impugned order dated 16.01.2025 was passed. Impugned order is reproduced hereinafter: “Dear Mr. Ojas Shandilya This is to inform you that your employment validity ends on 14th January 2025. You are hereby requested not to re-join your duties unless and until a new extension letter or formal approval from the competent higher authority is issued. Thanks for your cooperation.” 3. Learned counsel appearing for Respondent-University has placed on record the minutes of meeting dated 09.11.2024 which was with regard to look into the matter of Manpower requirement for Sowa Rigpa and CTE and for revival/ creation and rationalization of permanent posts under CIHTS as held on 14.11.2024, which was approved also by Board and submits that now the above referred post is included to be filled by direct recruitment. 4. Learned Senior Advocate appearing for petitioner after going through the aforesaid document has not disputed that Respondent-University has liberty to fill any post either by outsourcing or by direct recruitment. However, the submission that the petitioner is out of job since 16.01.2025 and till date no procedure has been initiated to fill the said post by direct recruitment and still there is work available on the said post, therefore, he prays that contract of petitioner be extended till regular selection is made. 5. Learned counsel appearing for Respondent-University submits that aforesaid prayer would cause an interference in administration since petitioner was only a contractual appointee and cannot claim an indefeasible right to continue. He also submits that there were complaints against petitioner and an inquiry is underway though it is not concluded. 6. On the issue of inquiry, learned Senior Advocate submits that if it is true, then till inquiry is not concluded petitioner has a right to continue. 7. I have considered the above submissions. So far as nature of appointment of petitioner is concerned, it is not in dispute that it was purely contractual which was extended year-to-year, i.e., for last about 6-7 years. Now Respondent-University has taken a decision to fill the post in question by direct recruitment which cannot be interfered since it is the right to employer to chose the method to fill any post. 8. The Court also takes note that since the post in question is not abolished and it is now included for the purpose of direct recruitment, therefore, the work on the post concerned is still available as well as that till date there is no adverse order against petitioner in inquiry. 9. In view of above, in the interest of justice, this writ petition is disposed of with observation that in case Respondent-University does not initiate process for direct recruitment on the post concerned within a period of six weeks from today, petitioner’s request for fresh contract be considered in accordance with law. However, it will remain subject to outcome of inquiry, if still pending. 10. At this stage, the oral prayer of learned Senior Advocate that petitioner may be permitted to apply in direct recruitment process if initiated and his candidature may not be rejected only ground of over age, cannot be considered since petitioner has a liberty to raise such plea at the time when recruitment process would commence. Order Date :- 3.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad