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2. The brief facts of the case are narrated hereinafter:

The writ petitioner joined the post of Motor Boat Driver in Damodar Valley Corporation on provisional and contractual basis for a period of one year on the basis of the letter of appointment dated 22nd September, 1993 issued by the Assistant Director of Personnel of DVC. The DVC authorities, however, retained the writ petitioner in the service even after the expiry of the aforesaid period of one year by extending the tenure from time to time upon issuing various office orders which have been disclosed by the DVC authorities in the Affidavit-in-opposition filed before the learned single Judge in connection with the writ petition.

3. From the available, records we find that the writ petitioner while serving the DVC authorities suffered brain injury on 15th February, 1998 and in April. 1999, the said writ petitioner was critically ill for his aforesaid brain injury and treated at the medical center of the DVC authorities at Tilaiya Dam. All through, the writ petitioner was treated by the specialised Doctor of the DVC authorities.

4. It is the case of the writ petitioner that on and from 1st August 1998 to, 31st December, 2000 the said writ petitioner could not perform his duties because of the aforesaid injury and thus, exhausted all available leave during the aforesaid period. The concerned-authority of the DVC by a written communication dated 9th January, 2001 asked the writ petitioner to resume his duties within seven, days and, further informed that failing which, a disciplinary action might be taken against him.

7. Challenging the aforesaid decision of the DVC authorities in the month of February, 2003, writ petitioner filed the writ petition before this Court praying for a declaration as a permanent employee of DVC Upon quashing the decision as mentioned in the aforesaid communication dated January 13, 2003 and also claimed arrear wages from 24th June, 2002 onwards.

8. In the affidavit-in-opposition filed before the learned single Judge DVC authorities took the following stand:

a) the post of Motor Boat Driver where the writ petitioner had been, appointed was a temporary post.
b) the temporary period of service of the writ petitioner was, extended from time to time upto February, 200S and each extension order was for specific period.
c) the writ petitioner did not perform regular duties from 01.08.1999 to 01(03.2001....
d) last extension was sanctioned upto 31.03.2002 and the sanction of the post was available upto 02/03.
e) contractual period of the writ petitioner was not sanctioned.

9. It has been submitted on behalf of the DVC authorities that in terms of the Judgment and order under appeal, an Account Payee Cheque for a sum of Rs. 43,077/- dated 3rd July, 2003 drawn on State Bank of India, Hazaribagh Branch vide Cheque No. 404572 had been handed over to the writ petitioner toward the. {Salary and wages of the said writ petitioner which according to the DVC authorities was duly received by the said writ petitioner on 14th July 2003. It has also been submitted on behalf of the DVC authorities that the aforesaid payment had been made to the writ petitioner towards his full and final settlement of the outstanding dues.