The process of quasi-permanency and confirmation under the Central Civil Services (Temporary Service) Rules, 1965, is essential to uphold the fundamental right of equality of opportunity guaranteed under Arts. 14 and 16 of the Constitution.

( 1 ) THESE two Writ Petitions are taken up Icr consideration and disposal together, because the question raised in them is the same and arises out of the same set of facts.

( 2 ) THE petitioner in WP. 3886 of 1968, the petitioner in WP. 3887 of 1968 and the respondents 3 to 25 in WP. 3886 of 1968, are all persons who entered the service of the Central Government as temporary employees and were governed by the Central Civil Services (Temporary Service) rules, 1949, since replaced by the Rules ot the same name promulgated in the year 1965.

( 3 ) UNDER Rule 3, the services of a temporary employee may be declared as quasi permanent by the appointing authority after a lapse of at least three years of continuous service. It is now clear law that quasi permanency is acquired not merely by rendering continuous service of not less than three years, but that after such period the appointing authority should make an express declaration to that effectvide Champaklal v. Union of India, AIR 1964 SC 1854.

( 4 ) RULE 8 dealing with permanent appointment of Government servants already in quasi permanent service says that subject to the provisions of the said rule, a Government servant, in respect of whom a declaration of quasi permanency has been made under Rule 3, shall be eligible for permanent appointment, although it is explained that no such declaration shall confer upon such Government servant a right to claim permanent appointment. Sub-rules (2) and (3) of Rule 8 read as follows:" (2) Every appointing authority shall, after consultation with the appropriate Departmental Promotions Committee, prepare from time to time a list, in order of precedence, of Government servants in quasi-permanent service who are eligible for permanent appointment and in preparing such list, the appointing authority shall consider both the seniority and the merit of the Government servants concerned. (3) All permanent appointments to posts which are reserved under sub-rule (1) under the control of any appointing authority shall be made in accordance with such lists: provided that the Government may order that permanent appointment to any grade or post may be made purely in order of seniority. "

( 5 ) THE clear picture that emerges from the provisions of Rules 3 and 8 of the Central Civil Services (Temporary Service) Rules, 1965, is that, with regard to persons taken into temporary service under the Central government, the process of declaration of quasi-permanency and of subsequent confirmation is a substitute for the regular process of recruitment by advertisement, competition, etc. , and is clearly and obviously intended to subserve the fundamental right of equality of opportunity guaranteed under Arts. 14 and 16 of the Constitution.

( 6 ) IT will also be noticed that the appointing authority is obliged to make appointments to permanent posts only on the basis and in the order of priority set out in the list prepared under sub-rule (2) of Rule 8. Even the discretion given to the Government is limited to giving directions to obey seniority in preference to merit. It is not given the power to depart from the procedure prescribed under Rule 8.

( 7 ) IT follows therefore that two steps are obligatory before a temporary government servant can secure permanency in service. He must first secure a declaration of quasi-permanency under Rule 3 and then pass through the screening process provided in Rule 8.

( 8 ) THE grievance of the petitioners in these cases is that the said process has been departed from and that the said departure is illegal and should therefore be set right by appropriate orders issued under Art. 226 of the Constitution.

( 9 ) THE manner in which the confirmations were made in these cases is described as follows in the counter-affidavit of one S. Ranganathan working as Administrative and Accounts Officer, on behalf of the respondents :" (6) As regards the averments in paragraph 6 of the petitioner's affidavit, it may be submitted