WP(C) 4240/2010 BEFORE THE HON’BLE MR. JUSTICE I.A. ANSARI By order, dated 7/6/2010, issued by the respondent No.4, namely, Deputy Commissi oner-cum-Principle Census Officer, Sonitpur, Tezpur, the present petitioner was appointed, on contractual basis, as a peon. The appointment being effective from the date of joining until 31/3/2011. The petitioner accordingly joined on 8/6/2 010. By order, dated 18/6/2010, the contractual appointment of the petitioner wa s terminated with immediate effect for non-avalability of funds. Aggrieved by th e termination of his contract, the petitioner has filed this writ petition seeki ng issuance of appropriate writ and/or direction to the respondents to continue to retain the petitioner as peon in terms of the order, dated 7/6/2010 aforement ioned and also pay his salary regularly. Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. B.J. Ghosh, le arned Government Advocate appearing on behalf of respondent Nos 2 to 5. Also hea rd Mr. D. Chakravarty, learned Central Government counsel. The petitioner’s appointment being contractual in nature, termination of his app ointment cannot be specifically enforced, the same being a contract for personal service. The petitioner is however, entitled to receive payment of salary for t he days that he had worked. This apart, the petitioner’s contractual appointment cannot be replaced by another person, similarly situated as the petitioner is, if the respondents decide to make contractual appointment in the manner as has b een done in the present case. Considering the matter in its entirety and in the interest of justice, this writ petition is disposed of with a direction to the respondent No.4, namely, Deputy Commissioner and Principle Census Officer, Sonitpur, Tezpur, to pay the dues of the petitioner in terms of the observations made above. This petition shall accordingly stand dispose of in the above terms.