Judgment

HEGDE, J.:- These are appeals by special leave. A common question of law arises for decision in these two appeals. Hence it is convenient to consider them together. The material facts are more fully set out in Civil Appeal No. 1012 of 1966. We shall set out those facts in detail. We shall refer to the facts of Civil Appeal No. 1011 of 1966 thereafter, briefly.

2. The respondent in Civil Appeal No. 1012 of 1966, Jugal Kishore Bhatt was appointed as the Sales-tax Officer on June 29, 1948 by the Governor of U.P. At the time of his appointment the posts of Sales-tax Officers were temporary posts. He joined the service in the Sales-tax department at Bareilly on July 15, 1948. His appointment was a temporary basis. He continued to serve in that department as Sales-tax Officer until the year 1951 on temporary basis. In that year 1951 on temporary basis. In that year the Government issued G. O. No. ST. 419/X-941. Paragraph 4 of that order provided that as the posts detailed in the list annexed to the G. O. are likely to last for more than three years, the Governor is pleased to declare that the appointments made to those posts will be deemed to have been made in a substantive capaci