JUDGMENT R.A. Sharma, J. 1. Petitioner was appointed as Deputy Manager (Store and Purchase, in Beltron Video Systems Limited, which is a subsidiary of Bihar State Electronic Development Corporation Ltd. on a contract basis for a period of one year with effect from 12.2.1988 on a consolidated salary of Rs. 2,500/- per month vide appointment letter dated 23.4.1988. By another order dated 22.12.1988 the term of petitioner's appointment was extended up to 11th February, 1990. However, before 11.2.1990 an order dated 17th July, 1989 was passed repatriating the petitioner to his parent department. Being aggrieved by this, petitioner has filed this writ petition. 2. Learned counsel for the petitioner has submitted that petitioner was not appointed on deputation in Beltran Video Systems Limited, put his appointment was on contract basis for a fixed term and as the term of his appointment was extended up to 11.2.1990 the same could not have been terminated before the last date up to which the appointment was extended. Although Respondents have filed counter affidavit but none has appeared on their behalf. I have perused the counter affidavit also. 3. From perusal of the pleadings of the parties it appears that - the Board of Directors of Beltran Video Systems Limited passed a resolution appointing the petitioner as Deputy Manager for one year on deputation basis on a consolidated salary, but it appears that the said resolution was not carried out; instead an appointment letter dated 23.4.1988 was issued appointing the petitioner on contract basis for a period of one year. This letter, a copy of which has been filed as Annexure-4 to the writ petition, does not state about the appointment on deputation. It is an order simply stating about the petitioner's appointment on contract basis for a fixed term on a consolidated salary. The period of his appointment was, extended later on up to 11.2.1990. Even the order of extension does not mention about the appointment/extension of the petitioner on deputation. When the petitioner was not appointed on deputation question of his repatriation to the parent department does not arise. That apart Bihar Hotels Limited, where the petitioner was earlier working is a private undertaking and is not State within the meaning of Article 12 of the Constitution. It is also not a part of the Respondents. When the petitioner was not appointed on deputation question of his repatriation to the parent department does not arise. That apart Bihar Hotels Limited, where the petitioner was earlier working is a private undertaking and is not State within the meaning of Article 12 of the Constitution. It is also not a part of the Respondents. It may here be mentioned that in paragraph 9 of the writ petition, it has been stated that Beltron Video Systems Limited is a public undertaking and is a State within the meaning of Article 12 of the Constitution and this fact has not been disputed in the counter affidavit. 4. The petitioner's appointment not having been made on deputation, question of his repatriation to some alleged parent department does not arise. The impugned order has thus, been passed on erroneous assumption and, therefore, is not liable to be sustained, but the petitioner is not entitled to an order of reinstatement because the period up to which his term was extended has expired long ago. 5. Supreme Court in Director, Institute of Management Development, U.P. versus Smt. Pushpa Srivastava, (A.I.R. 1992 Supreme Court 2070) has laid down that where the appointment is contractual for a fixed term it comes to an end by efflux of time. In absence of the impugned order petitioner's appointment would have come to an end automatically on 11.2.90 but as his appointment has been prematurely terminated on erroneous assumption, is entitled to payment of his salary up to 11.2.1990. 6. This writ application is allowed and the impugned order dated 17.7.1989 is quashed. Respondents are directed to pay salary on the agreed rate to the petitioner up to 11.2.90 with interest of 12% per annum. The payment of salary will be made within three months from the date of production of the certified copy of this order.