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"(d) Duration of Employment.. The employment of the staff will be entirely contractual in nature and will be normally for a period of two years at the maximum, subject to review of their conduct and performance after 12 months"

3. Given the uncontroverted factum of the petitioner herein having completed more than four .

years of contractual appointment against the post of laboratory attendant whereon he stood appointed at polyclinic established under ECHS, hence, with the embargo aforesaid enshrined in Annexure R against of the petitioner herein being barred to stake a claim for the affording of an extension in his contractual rt appointment by the respondents herein besides, hence his being not amenable for consideration for affording to him any further extension in his contractual appointment by execution of a contract of service inter se him and the authorised officer of the respondent constrained the respondents to not extantly accord any extension in the contractual service of the petitioner under the respondents besides constrained them to not execute with him a contract of service in terms of clause-2 as stand extracted hereinabove which clause stands embedded in the contract of service executed inter se the petitioner and the authorized officer of the respondents whereunder the respondents were rather obliged to successively after expiry of the initial contract of service of 12 months successively execute .

rigidity of the tenure of two years of contractual appointment manifested in the afore referred letter of 22nd September, 2003. With an empowerment vested in the employer to relax the rigidity of the of prescriptions constituted in clause (d) relied upon by the learned Assistant Solicitor General of India, which rt stands extracted hereinabove, qua the limited tenure of contractual appointment of the petitioner under the respondents, the respondents herein hence proceeding to in tandem thereto issue letter of 24 th May, 2011 with an explicit prescription therein of the Government of India purveying permission to the department concerned to accord extensions in the contractual employment of employees upto theirs attaining the age of superannuation subject to review of conduct and performance, obviously, benumbs the contention of the learned Assistant Solicitor General of India of the rigidity of a prescription in clause(d) of the tenure or duration of the contractual appointment of the petitioner when standing constituted in a contract of service executed by them with the petitioner herein, its force and vigour is .

unabrogable. On the contrary, with the existence of words "as amended from time to time" in succession to a reference of letter of 22nd September, 2003 in clause 2 of the contract of service executed inter se of the petitioner herein and the authorised officer of the respondents herein rt rather tenably by a valid amendment thereto standing effectuated erases the rigidity of the prescription in clause 2 of the duration and tenure of the contractual appointment of the petitioner herein under the respondents being restricted upto a maximum of two years. The relevant portion of letter of 24th May, 2011, whereunder the prescription in clause (d) extracted hereinabove of the duration of the contractual appointment of the petitioners under the respondents being restricted upto two years stood amended or relaxed is extracted hereinafter:- 

             subject     to        review      of        conduct     and





             performance."
The effect thereof is with the letter of May, 2011 holding leverage in making a loud communication in the afore extracted portion thereof of a tenable of amendment standing effectuated or carried out to the limit or duration of contractual appointment of the rt petitioner herein under the respondents prescribed under clause (d) of letter of 22 nd September, 2003 whereunder in abrogation thereof by an amendment thereto standing effectuated in the manner aforesaid, the department concerned was permitted to extend the contractual appointment of the petitioner herein upto his attaining the age of superannuation naturally for reiteration nullifies the effect of clause (d) of letter of 22nd September, 2003. In sequel the main plank of the submission of the learned Assistant Solicitor General of India anchored upon clause (d) of letter of 22nd September, 2003, for restricting the contractual engagement of the petitioner herein under the respondents upto two years gets shaken. In nut shell, the respondents herein though adducing apposite material comprised in clause (d) which stands .