IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5534 of 2009 SANTOSH KUMAR GUPTA & ANR Versus THE STATE OF BIHAR & ORS ----------- 2 30.04.2009 Heard the learned Counsel for the petitioners and the learned Counsel for the State. The petitioners were appointed as District programme Manager (Asha) in the District Health Societies of Supaul and Gopalganj on 17.6.2008. The appointment was contractual in nature for one year under the terms and conditions specified in the agreement dated 17.6.2008. It is the case of the petitioners that in pursuance of the agreement they joined and started discharge of duties when the impugned order dated 25.6.2008 keeping the appointment in abeyance has followed. Learned Counsel submits that once the petitioners had executed a contract agreement and commenced discharge of duties, the question of keeping the appointment in abeyance did not arise. All that could be done now is to terminate the appointment only in terms of the contractual agreement. Counsel for the State submits that the submission of the petitioners depends on factual verification of their statement that in pursuance of the execution of the contract agreement they had actually commenced discharge of duties as otherwise there can be no error in the order keeping the appointment in abeyance as mere selection and execution of agreement shall not amount a vested right in them. This writ application is disposed with the observation that if the petitioners had actually joined and commenced discharge of duty, the question of keeping their appointment in abeyance does not arise and the only recourse open to the respondents would be to proceed in terms of the contractual agreement. If the petitioners had only executed agreement but had not joined and commenced discharge of duties the status would be otherwise when the impugned order dated 25.6.2008 may require no interference. No sooner that the petitioners present a copy of the present order before the respondents 5 and 6, as the case may be, appropriate decision is required to be taken forth with keeping in mind that the rights claimed by the petitioners are themselves of limited duration which cannot be frustrated by any inaction. Snkumar/- (Navin Sinha,J.)