Judgment

SHELAT, J.:- The limited question which arises in these appeals, under special leave, relates to the interpretation of Rule 23A (2) of the Rajasthan Service Rules, 1951.

2. The respondent in C. A. 1436 of 967 was appointed in 1952 a clerk in the office of the Executive Engineer, Jaipur, on a work-charged basis. In 1955 he was appointed a Lower Division Clerk in the same office temporarily for a period of 6 months but was continued as such even after the expiry of that period. The respondent in C. A. 1437 of 1967 was also appointed on work-charged basis in 1958 and was in 1960 appointed a temporary Lower Division Clerk but was continued as such even after the said period. The services of both the respondents were terminated under Rule 23A (1) of the said Rules after giving them the requisite one month s notice on the ground that they failed to pass the examination required by Rule 7, Proviso 2, of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 and the order dated March 5, 1964 made by the Government in exercise of the power under the said Rule 7, proviso 2 although two chances to appear at the said examination were given to them. The respondents thereupon fil