Raju, J. - (1.) These three appeals are dealt with together since not only they involve a common question of law but also for the reason that they were dealt with in common in the High Court and submissions have been also in common before us.
(2.) The respondent in Civil Appeal No. 113/98 was appointed as Assistant Traffic Manager in Karnataka State Road Transport Corporation (for short 'KSRTC') pursuant to a Select List of candidates prepared and published on 13/15-12-82 for a period of two years and was placed on probation. On 10-1-85, due to certain lapses, which were pending inquiry, an order postponing one increment was passed. On 7-8-85, the period of probation was extended up to 14-6-86. Ultimately, on 13-1-88 his services came to be terminated for the reason that his Performance Report during the period of probation was not satisfactory and he also failed to show any improvement despite having been given a chance to do so. Aggrieved, Writ Petition No. 4273/88 was filed before the High Court challenging the said order of termination and for consequential benefits.
(3.) The respondent in Civil Appeal No. 114/98 joined the service in KSRTC as a Clerk on 5-3-63. Thereafter, he was considered for appointment and included in a Select List for appointment (not by way of promotion) as Assistant Traffic Manager. On 22-11-82, the respondent was offered appointment as such initially for a period of two years and was placed on probation for a period of two years. On 13/15-12-82, the appointment order came to be issued as Assistant Traffic Manager and he was also placed on probation for two years. On 14-12-84 when the period of probation was over, he was continued in service without passing any order of confirmation since he was found to be indifferent to the job for which action appears to have also been taken resulting in a punishment of censure and subsequently also of withholding one increment. His appointment as Assistant Traffic Manager came to be terminated and he was reverted to his substantive post of Junior Assistant. This was challenged by means of a writ petition in the High Court.;