ORDER : 1. The petitioner filed this writ petition seeking the following prayers: a) declare that the action of the 2nd Respondent in non-renewal of the contractual services of the Petitioner for the year 2024-25 on par with the other contractual staff as is evident form the Official Memorandum dated 02.04.2025 at No.KSAPS/ADMN/26/2024-25 Annexure F is unjust, illegal and arbitrary and discriminatory in nature. b) Issue a writ in the nature of mandamus directing the 2nd Respondent to renew the contractual services of the petitioner for the period 2025-2026 on par with the other contractual staff and extend all other consequential and monetary benefits. 2. Brief facts leading rise to the filing of this petition are as follows. 3. The petitioner was selected and appointed to the post of Junior Director (TI) on contractual basis by respondent No.2 on 27.05.2020 and same was extended from time to time. The said contract expired on 30.09.2025. Respondent No.2 has not renewed contractual service of the petitioner for the year 2025-26 on par with the other contractual staff. Hence, the petitioner filed this writ petition. 4. Respondent Nos.1 and 2 filed a statement of objections contending that the petitioner is not entitle for the relief sought by the petitioner. It is contended that the contractual period of the petitioner was expired on 30.09.2025 and based on the performance appraisal report of the petitioner for 2024-25, his contractual services were extended for a period of 6 months vide official memorandum dated 02.04.2025. The petitioner concurred with the said performance appraisal report and executed a contract agreement vide Annexure R3. It is contended that, in the event of continuation of the petitioner's contractual service for the subsequent term, it is mandatory, as per the NACO guidelines, to submit a performance report for the period from 02.04.2025 to 30.09.2025. The petitioner has failed to submit a performance report for the said period. Hence, on these grounds, prays to dismiss the writ petition. 5. The petitioner filed the rejoinder denying the averments of the statement of objections. 6. Heard the learned counsel for the petitioner Sri. S.B. Mukkannappa, learned Additional Advocate General Sri. Reuben Jacob, along with Smt. B. Sukanya Baliga, learned Additional Government Advocate for the respondents. 7. Hence, on these grounds, prays to dismiss the writ petition. 5. The petitioner filed the rejoinder denying the averments of the statement of objections. 6. Heard the learned counsel for the petitioner Sri. S.B. Mukkannappa, learned Additional Advocate General Sri. Reuben Jacob, along with Smt. B. Sukanya Baliga, learned Additional Government Advocate for the respondents. 7. Learned counsel for the petitioner submits that the petitioner is ready to submit the evaluation report to the respondents and meanwhile the respondents shall not relieve the petitioner from service till the respondents passes the order on evaluation. 8. Learned Additional Advocate General submits that, if the petitioner submits the performance appraisal report, the respondents are ready to issue a form subject to the petitioner submitting evaluation report and thereafter the respondents will consider the case of the petitioner based on the performance and till that time the respondents undertake to continue the service of the petitioner. 9. Perused the records and considered the submissions of the learned counsel for the parties. 10. It is an undisputed fact that the petitioner was appointed as a Joint Director (TI) on a contractual basis and the same was extended from time to time and the contract came to an end on 30.09.2025. The contract period was not extended on the ground that the petitioner has not submitted self-evaluation performance appraisal form. The petitioner has not submitted an evaluation performance appraisal form. Hence for the said reason the respondents did not renew the contract. 11. In order to consider the case on hand, it is necessary to consider the guidelines regarding performance Assessment of contractual staff issued by the National Aids Control Organization ('NACO' for short) vide Annexure-H, which reads as follows: A-1 1011/05/2023 NACO (HR) Government of India Ministry of Health & Family Welfare National AIDS Control Organisation **** 9th & 6th Floor. Chandralok Building 36. Janpath. New Delhi-110001 Dated, the 16th February, 2023 Subject-Performance Assessment of contractual staff at NACO/SACS/District and Facility level for Assessment year 2022-23. 1. Performance assessment system is a structured approach for improving the effectiveness of staff and organisation. One of the most important aspects of effective performance management system is the interpretation of employee job behaviours and performance outcomes. Further, performance appraisal process systematically measures an employee's personality and performance by immediate supervisors against predefined attributes like skillsets, knowledge about the role, technical know-how, attitude, and punctuality and so on. One of the most important aspects of effective performance management system is the interpretation of employee job behaviours and performance outcomes. Further, performance appraisal process systematically measures an employee's personality and performance by immediate supervisors against predefined attributes like skillsets, knowledge about the role, technical know-how, attitude, and punctuality and so on. 2. The performance assessment on the attached format is to be completed in respect of all the contractual staff at NACO/SACS/District/Facility level by 25th February 2023. 3. The following are the performance assessment guidelines: PURPOSE: • To assess the performance of a personnel against the Key Deliverables • To identify personnel's strength and areas of improvement • To serve as one among various inputs for career development planning • To provide inputs for compensation decisions • To identify the training and development needs. • To take a concrete decision for retention, based on the work done by them • To encourage a proper feedback system between the superior officer and employees. • To help employees understand where they stand in the current year and what is the scope of improvement. PROCEDURE FOR EVALUATION: Self-evaluation: Each personnel will receive the Appraisal forms through his her immediate senior officer/reporting officer (here onwards referred as the appraiser). After filling Part- A the form, it is to be returned to the appraiser. Performance Evaluation Dialogue: The appraiser is required to schedule a discussion with the appraisee for performance evaluation. Performance of the entire period to be reviewed against agreed deliverables. Superior Evaluation: After the dialogue, the evaluator will assess the performance of appraisee and put his/her views in Part B of the form. In case where an appraisee has worked under two or more superiors in the appraisal year, the appraisal will be done by the one under whom the appraiser has worked for maximum period but not less than three months excluding period of long leave by appraisee and or reporting officer. Final review by the Reviewer: The appraiser and the reviewer will fill the performance ratings in Part C. Feedback to the Personnel: This is a very important step of the cycle whereby the appraisee is given feedback by his appraiser on his annual performance and also about his strength and areas of improvement. Final review by the Reviewer: The appraiser and the reviewer will fill the performance ratings in Part C. Feedback to the Personnel: This is a very important step of the cycle whereby the appraisee is given feedback by his appraiser on his annual performance and also about his strength and areas of improvement. This is to be done after the whole process is over i.e., after appraiser evaluation and Moderation of scores Final score will be calculated using average of total score: Weighted average Score of Supervisor (C) 50% (Total average score in Part B.A) C1 50% x (Total average score in Part C.A) = C.2 C=C.1 –C.2 Weighted average Score Reviewer (D) 50% x (Total average score in Part B.B) =D.1 50% x (Total average score in Part C.B) =D.2 D=D.1-D2 Final Score (C+ D)/2 Note: i. The appraiser in all cases will be the immediate supervisor ii. The reviewer in all cases will be Divisional Head iii. All the parts will be taken into consideration while evaluating the Appraisee iv. Grading: Grading Final Grading (Out of 10 Scale) Explanation of Assessment A More than 80% Contract renewal for one year B 60 to 80% Six months contract renewal - performance to be monitored by the immediate superior officer-Repeat Assessment after three months C Less than 60% No contract renewal • Notice for termination of contract shall be served if repeat assessment after three months found below benchmark. • Reporting Officer should not wait for annual performance appraisal process. He/ She is required to monitor and evaluate performance on his own and should issue advisory caution note/suggestive measures if performance of the official concerned is not satisfactory 4. The Performance Assessment procedure should be completed objectively as per the timelines and decision with regard to extension of contract, if any, shall be based on Grading points elaborated in aforesaid table. 5. This is in-supersession of earlier OM of even No. dated 14.2.2023. 6. This has approval of the competent authority (Sunil KS Bhadoria) Under Secretary to the Govt of India Copy to. 1. All Project Directors. SACS 2 Division Incharges, NACO-HQ Copy also to: 1. PSO to AS&DG (NACO) 2. Sr. PPS to Director (NACO). 12. From the perusal of the guidelines issued by NACO/SACS/District and facility level is to assess the performance for improving the effectiveness of staff and organization. 1. All Project Directors. SACS 2 Division Incharges, NACO-HQ Copy also to: 1. PSO to AS&DG (NACO) 2. Sr. PPS to Director (NACO). 12. From the perusal of the guidelines issued by NACO/SACS/District and facility level is to assess the performance for improving the effectiveness of staff and organization. Further performance appraisal process systematically measures an employee's personality and performance by immediate superiors. The performance assessment on the attached format is to be completed. The employees shall receive Appraisal form and after filling the same shall be returned to the appraiser. 13. Admittedly, in the instant case, the petitioner has not submitted performance evaluation. The respondent has not issued appraisal form. The appraisal form will be issued only after evaluation. Until the petitioner submits performance evaluation, the respondents will not be in position to issue appraisal form. However, the petitioner undertaken to submit performance evaluation and the respondents have also undertaken to issue Appraisal form after evaluation of appraisal form and thereafter consider the case of the petitioner for renewal of contract. 14. In view of the submission made by the learned AAG, I proceed to pass the following order: ORDER: i. The writ petition is disposed of directing the petitioner to submit an evaluation appraisal form within 30 days from today, thereafter the respondents are directed to consider the evaluation appraisal form and pass the appropriate order within one week from the date of receipt of evaluation appraisal form, till that time, the respondents are directed not to relieve the petitioner from service. ii. The respondents are directed to furnish the documents as sought by the petitioner within two days from the date of receipt of certified copy of this order. iii. In view of disposal of the petition, pending IAs, if any, do not survive for consideration and they are disposed of accordingly.