JUDGMENT : S.N. Prasad, J. This writ petition is for the following reliefs:- (i) For calling upon the opposite parties to produce relevant records / documents along with return; (ii) To direct the opposite party nos.1 & 2 to regularize the services of the petitioner w.e.f. the date of initial appointment as per Annexure-6 with fringle benefits to be reckoned; (iii) To direct opposite party nos.1 & 2 to allow all service benefits as admissible under law with retrospective, with effect from 8.10.1987; (iv) To direct opposite party nos.1 & 2 to reckon notional seniority from initial appointment vide annexure-6. (v) To quash the decision of 49th meeting of the Authority held on 19th of March, 1997 pertaining to item no.6/49 and as well as the order communicated to the petitioner by the Secretary of the Cuttack Development Authority vide Annexure-20 to the writ application as arbitrary, whimsical and nonest in the eye of law; (vi) To direct opposite party nos.1 & 2 to allow all such consequential service benefits like (a) fixing scale of pay (b) differential pay (c) other allowances, if any, as admissible and now outstanding as per law. At the outset it has been submitted by the learned senior counsel Mr. J.K. Rath that during pendency of the writ petition, prayer no.(ii) and (iv) have already been redressed and as such these prayers are not being pressed. In the circumstances prayer made at prayer nos.(iii), (v) and (vi) have been pressed and the same are inter-related by which the petitioner has been denied financial benefit for the period of contractual engagement. 2. The brief facts of the case of the petitioner is that he was working under the Consolidation Department of the State Government as Amin. In the circumstances prayer made at prayer nos.(iii), (v) and (vi) have been pressed and the same are inter-related by which the petitioner has been denied financial benefit for the period of contractual engagement. 2. The brief facts of the case of the petitioner is that he was working under the Consolidation Department of the State Government as Amin. During relevant time Cuttack Development Authority has been created by the order passed by the competent authority in this regard vide decision taken by the Vice Chairman of the Authority on 8.10.1986, four posts of Amins / Field Assistants have been created and in order to fulfill the posts of Amins / Field Assistants requisition has been made by the Secretary of the Cuttack Development Authority by a communication addressed to the Director of Consolidation, Tulasipur, Cuttack / Settlement Officer, Cuttack informing that the Cuttack Development Authority needs regular services of few Amins in the scale of pay of Rs.625/- to Rs.940/- with other allowances as admissible to Cuttack Development Authority employees. The requirement of experienced persons holding the post of Amins have been sought for, as would be evident from the communication dtd.13.6.1987 and in pursuance to the same a letter was issued under the signature of Assistant Director, Board of Revenue, Orissa, Cuttack for recommendation of suitable Amins for appointment in Cuttack Development Authority in the scale of pay of Rs.625/- to Rs.940/- with other allowances requesting therein that names of suitable Amins who are willing to be considered for the post may please be recommended to the Secretary, Cuttack Development Authority with necessary bio-data. The Deputy Director has recommended the names of fourteen employees working as Amins. The Cuttack Development Authority, in order to select the Amins, had decided to conduct selection process by conducting written examination followed by viva voice test. The petitioner has offered his candidature, participated in the written examination followed by viva voice test in which he was declared successful and a merit list was prepared in order of merit-showing him at Sl. No.1. In pursuance to the selection, the appointment letter has been issued on 2.10.1987 offering appointment of the petitioner to be engaged as Amin / Field Assistant on contract basis on consolidation payment and in pursuance to this offer of appointment the petitioner has accepted the terms and conditions and shown his willingness to join the duty. No.1. In pursuance to the selection, the appointment letter has been issued on 2.10.1987 offering appointment of the petitioner to be engaged as Amin / Field Assistant on contract basis on consolidation payment and in pursuance to this offer of appointment the petitioner has accepted the terms and conditions and shown his willingness to join the duty. The petitioner was required to give his joining by 20th October, 1987 but since he was not relieved within that period from the Consolidation Department, as such he has made an application for extension of time from the Cuttack Development Authority, the same was accepted and time was extended and during the extended time the petitioner after being relieved from the posting has given his joining on 2.11.1987 and thereafter started discharging his duty. The grievance of the petitioner is that he has been appointed under a sanctioned post created by the competent authority, in pursuance to an advertisement, after being successful in the written examination followed by viva voice test and selection process was initiated for fulfilling the post of Amins / Field Assistants under a fixed pay scale but the Cuttack Development Authority in a highly arbitrary and illegal manner has offered the appointment to the petitioner on contractual basis, on the basis of payment of consolidated amount. It has been submitted that the Cuttack Development Authority in its 49th meeting has taken decision on 19th October 1997 whereby and where under the period of contractual engagement has been regularized by counting the services for the purpose of length of service but without any financial benefit. The petitioner being aggrieved with the decision of the Cuttack Development Authority dtd.1.07.1997 by which the financial benefit for the contractual period has been denied is before this court by way of this writ petition. The petitioner being aggrieved with the decision of the Cuttack Development Authority dtd.1.07.1997 by which the financial benefit for the contractual period has been denied is before this court by way of this writ petition. The ground taken by the petitioner is that the Cuttack Development Authority after its constitution has created four posts of Amins, requisition has been made from the Consolidation Department for experienced persons who were working as Amins in the Consolidation Department by communicating the nature of posting with a specific scale of pay and keeping this fact into consideration the petitioner has offered his candidature for being engaged as Amin / Field Assistant under the Cuttack Development Authority but to utmost surprise, when the petitioner has been declared successful, he has been issued with appointment letter for engagement on contract basis for a period of three years on payment of consolidated amount. Hence the authorities in this way have acted in highly arbitrary manner. 3. The Cuttack Development Authority has appeared and filed detail counter affidavit inter alia stating therein that the authorities have not acted illegally, rather everything was mentioned in the order of engagement with a condition that in case these terms and conditions are acceptable, one may join the organization on or before 20th October, 1987, hence the petitioner after going through the terms and conditions of offer of appointment dtd.8.10.1987 wherein it has specifically been mentioned that he will be paid consolidated sum of Rs.900/-, Rs.925/- and Rs.950/- for 1st 2nd and 3rd year respectively, in addition to above he will be paid a fixed travelling allowance as admissible to the Field Assistants on terms and conditions as decided by the Cuttack Development Authority from time to time. It has also been referred that he will not be entitled to get any other benefits like House Rent Allowance, Medical Allowances, LTC, etc. One of the conditions in the appointment letter is that the contract is terminable by either side by giving one month advance notice to that effect to the other party or by way of payment of an amount equivalent to one months fixed remuneration to the other party. One of the conditions in the appointment letter is that the contract is terminable by either side by giving one month advance notice to that effect to the other party or by way of payment of an amount equivalent to one months fixed remuneration to the other party. It has been contended that the petitioner after going through each and every terms and conditions mentioned in the offer of appointment after accepting it has given his joining and as such he now cannot claim the regular pay scale for the contractual period even after regularization of the contractual period by virtue of order passed by the authority on 1.7.1997. 4. Heard both the parties and perused the documents available on record. The sole dispute raised by the petitioner in this case is regarding the financial benefit for the contractual period of three years. Before answering this issue it would be relevant for this court to mention that if the offer of appointment is on contract basis, then as to whether the employee can claim parity of pay scale of regular government employee or can claim protection of the provision of service code. There is no dispute about the fact that the provision of service code or the service condition of regular employee will only be applicable to such category of employee who will be taken under the regular establishment. There is also no dispute about the settled proposition that if a candidate has been appointed on contract basis the terms and conditions of the contract mentioned in the offer of appointment will be applicable. The fact which is not in dispute in this case is that the petitioner was working under the Member Board of Revenue in Consolidation Department as Amin. During the relevant time Cuttack Development Authority was created. Cuttack Development Authority has created several posts inclusive of four posts of Amins under regular pay-scale. Cuttack Development Authority has made requisition from the Consolidation Department regarding requirement of experienced Amins / Field Assistants and the communications have been made for recommending the names of experienced Amins who are willing to join duty under Cuttack Development Authority. Cuttack Development Authority has created several posts inclusive of four posts of Amins under regular pay-scale. Cuttack Development Authority has made requisition from the Consolidation Department regarding requirement of experienced Amins / Field Assistants and the communications have been made for recommending the names of experienced Amins who are willing to join duty under Cuttack Development Authority. The Consolidation Department has issued communication to the subordinate authority showing willingness of one or the other Amins who desires to go to render services in the Cuttack Development Authority as Amins and in view thereof petitioner, one of such optee, has opted to be considered his candidature for selection as Amins under the Cuttack Development Authority. The Cuttack Development Authority has evolved the procedure for selection of Amins / Field Assistants and a selection process was decided to be conducted through a written test followed by viva voice test. The petitioner along with others have participated in the selection process in which he was declared successful and finally selected. The Cuttack Development Authority has issued offer of appointment dtd.8.10.1987 containing certain terms and conditions which are being reproduced hereunder as:- (1) That you will be paid a consolidated sum of Rs.900/-, Rs.925/- and Rs.950/- only for first, second and third years respectively, (2) That in addition to above you shall also be paid a fixed Travelling Allowance, as admissible to Field Assistant on terms and conditions as decided by the Cuttack Development Authority from time to time. (3) That you shall not be entitled to get any other benefit like, house rent allowance, medical allowance, LTC, etc. (4) That your duty shall involve doing all kinds of field work as assigned to you from time to time. (5) You may also be given any work considered suitable or you by the authority to be done either at field level or in the office. (6) That you shall be entitled to avail all the Sundays and holidays. In addition to that you may also avail 10 days of C.L., 5 days of Spl. C.L. and 4 days of restricted holidays. However, you shall not be entitled to avail any earned leave over and above the leave mentioned above; (7) For any other leave or absence from duty, a sum of Rs.30/- only per day shall be deducted from the amount payable to you by treating it as leave without pay. C.L. and 4 days of restricted holidays. However, you shall not be entitled to avail any earned leave over and above the leave mentioned above; (7) For any other leave or absence from duty, a sum of Rs.30/- only per day shall be deducted from the amount payable to you by treating it as leave without pay. (8) That besides the working days, you also be called upon to do the work on Sundays and holidays, as well as beyond normal working works as and when considered necessary. And for doing this work you shall not be entitled for any additional remuneration from the authority. (9) That this contract is terminable by either side by giving one month advance notice to that effect to the other party or by way of payment of an amount equivalent to one month’s fixed remuneration to the other party. In case these terms and conditions are acceptable to you, you may join this organization on or before 20th October, 1987. ……” The condition referred therein that the nature of appointment would be for a period of three years on contract basis on payment of consolidated amount of Rs.900/-, Rs.925/- and Rs.950/- for 1st 2nd and 3rd year respectively. One of the condition was that in case the terms and conditions mentioned therein acceptable to the petitioner he may join the organization on or before 20th October, 1987 with the requirement that before joining he must submit the following information / documents:- (a) A written confirmation of the above mentioned terms and conditions, (b) Relieving certificate from your present employer, and (c) A medical certificate from the doctor not below the ranks of A.D.M.O. to the effect that you possess sound mental and physical health and that you do not suffer from any disease. In pursuance to the offer of appointment the petitioner has accepted the terms and conditions and given a written confirmation in this regard. Although the petitioner was required to give his joining by 20th October, 1987 but since he was not relieved from the erstwhile employer and as such he has sought for extension of time for joining which was allowed and during the extended period the petitioner had joined on 2.11.1987. Although the petitioner was required to give his joining by 20th October, 1987 but since he was not relieved from the erstwhile employer and as such he has sought for extension of time for joining which was allowed and during the extended period the petitioner had joined on 2.11.1987. The petitioner thereafter has started discharging his duty under the Cuttack Development Authority without raising any complaint fairly for a period of seven years and thereafter this writ petition has been filed. When the writ petition was pending the competent authority of Cuttack Development Authority in its meeting has taken decision and passed order on 1.71997 by which the petitioner along with two others have been allowed to draw financial benefit from the date after completion of three years of their contractual service from the date of joining in contractual service. The petitioner has been allowed to draw such benefit from 2.10.1990. The pay was also fixed in regular pay scale. The authority has taken further decision for counting the services of all of them during the period of contract towards their length of service without any financial benefits. Accordingly the service of the petitioner has been directed to be counted towards his length of service w.e.f.2.11.1987. The petitioner has questioned the decision of the authority by which the financial benefit for the contractual period has been denied on the ground that the post were sanctioned, he has been allowed to participate in the selection process for appointment as Amin / Field Assistant in the fixed pay scale, hence the authorities cannot be allowed to give consolidated pay in place of regular pay scale. There is no dispute about the fact that the appointment of Amins / Field Assistants have been made against the sanctioned post and for that well established procedure laid down under the statute has been followed and thereafter the petitioner has been engaged. There is also no dispute about the fact that the petitioner was engaged on contract basis for a period of three years subject to regularization after completion of contract period of three years and accordingly he has been regularized. There is also no dispute about the fact that the petitioner was engaged on contract basis for a period of three years subject to regularization after completion of contract period of three years and accordingly he has been regularized. It is also not in dispute that each and every terms and conditions of engagement has been referred in the offer of appointment and one of the condition is that if the petitioner is willing to accept the terms and conditions, he has to give a written confirmation in this regard and accordingly the petitioner has given written confirmation accepting the terms and conditions of the engagement including the condition of contractual engagement and payment of consolidated amount for a period of three years and thereafter he has been allowed to join and he started discharging his duty. The petitioner after lapse of long seven years is before this court for grant of regular pay scale but the same cannot be allowed for the reason that the regular pay scale will be said to be the service condition of one or the other employees and the benefit of service condition can only be given to an employee who are in the regular establishment. The petitioner in this case has been engaged on contract basis for period of three years with the condition of regularization after completion of three years and as such after completion of period of three years when his services have been regularized and taken into regular establishment by the order passed by the authority on 1.7.1997 it will be said that the petitioner is entitled for benefit of service condition as laid down in the service rules governing the field. But when there is specific terms and conditions referred in the terms of offer of appointment and one of the terms and conditions of appointment is that the petitioner will be appointed on contract basis on payment of consolidated pay for a period of three years and the said condition has been accepted by the petitioner by giving written confirmation in this regard, as such the petitioner will be governed by the terms and conditions of the contract. It further transpires that in the offer of appointment it is specifically mentioned that if one or the other candidate is willing to accept the condition then they may give their joining and the petitioner after showing his willingness regarding the contractual engagement has joined the duty, accepted the terms and conditions of appointment. Although in different facts and circumstances but regarding the issue with respect to the binding nature of the terms and conditions of the offer of appointment related to the contractual engagement, reference may be made to the judgment rendered by Hon’ble Apex Court in the case of State of Uttar Pradesh and Others Vrs. Ex.Pilot Officer, Arun Govil, AIR 1990 SC 458 wherein the respondent Arun Govil was engaged on contract basis which specified the terms of his appointment subject to extension only up to 30th August 1985 and he had claimed that he be allowed to hold the post till he attains the age of 58 years but the Hon’ble Apex Court has been pleased to uphold the view of Hon’ble High Court by observing that if an employee has been appointed under a specific terms of appointment, he cannot derive any benefit by traveling beyond the terms and conditions of offer of appointment order. In view thereof and in view of the settled proposition that the condition mentioned in the terms and conditions in the offer of appointment is binding upon the parties, the petitioner cannot claim regular pay scale for the said period. However, the authority after taking lenient view has ordered to count the contractual period towards the length of service but however without any financial benefits, hence in my considered view, there is no infirmity in the decision taken by the authority in the order dtd.1.7.1997 and in the backdrop of facts stated herein above, there is no infirmity in the order passed by the authority on 1.7.1997. In view thereof I find no merit in this writ petition. Accordingly, the writ petition stand dismissed.