Depending on the advice, the government may take its call on Mishra. In case the advice is negative, he goes and may be rewarded with another post-retirement assignment for his dogged loyalty. In that case, the question is who will replace him. Maybe the government has several choices. Which it will zero on is to be seen. 

In the normal course, the government could have proceeded straightaway to reward Mishra for his loyalty. But the case has turned a bit complicated because of litigation in the matter of Mishra's previous extension.

The SC bench of Justices L Nageswara Rao and BR Gavai had on September 08, 2021, directed the government not to give Mishra any more extension while observing that any extension of tenure during superannuation has to be for a short period and be granted for reasons recorded.

Since the court also observed that such extensions can be given only in "rare and exceptional circumstances" to facilitate an ongoing investigation, the government is in a bind now because it obviously can't give Mishra any extension on any ground. Hence the exploration of the tenability to appoint him to the same post on contract. 

Mishra was originally scheduled to retire in May 2020. Since the ED chief's tenure is fixed for no less than two years to protect him from political pressure or inducement, there was no problem in his continuation till November 18, 2020, even after his scheduled date of superannuation in May 2020.

However, the central government on November 13, 2020, retrospectively increased Mishra's tenure to three years from the earlier appointment order of two years.

This unusual move made the NGO Common Cause petition the SC for quashing the Centre’s retrospective order (dated 13.11.2020) on the ground that it violated Section 25 of the Central Vigilance Commission Act 2003.

Section 25C of the Act says the ED chief shall continue to hold office for a period of not less than two years.

After hearing both sides, both government and the petitioner, the SC bench concluded that, while the government had the right to retrospectively change the tenure of the ED, it advised the government not to make it a common practice.