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1971 Supreme(Kar) 168

NARAYANA PAI, NESARGI
V. RAMAPRASAD – Appellant
Versus
DIRECTOR, ATOMIC MINERALS DIVISION – Respondent


Advocates:
B.RAMACHANDRA RAO, M.Rama Jois

NARAYANA PAI, CJ.

( 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 se
















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