- (1.) The only question that arises for consideration in these appeals by special leave is whether R. 3-A, M. P. Government Service (Temporary and Quasi-Permanent Service) Rules, 1960, hereinafter referred to as 'the Rules', is applicable to the members of the Subordinate Judicial Service of the Madhya Pradesh Government.
(2.) In Civil Appeals Nos. 59 and 60 of 1982, both the appellants were appointed Civil Judges on temporary and officiating basis for a period of six months for training and thereafter for a period of two years on probation. It is not necessary to state in detail the facts, and suffice it to say that both the appellants were not ultimately confirmed by the High Court after the expiry of the period of probation or the extended period of probation. The High Court recommended the termination of services of the appellants to the State Government and pursuant to such recommendation, the State Government terminated the services of the appellants under R. 12 of the Rules. Being aggrieved by the orders of termination of their services, the appellants filed writ petitions before the Madhya Pradesh High Court. It was contended by them that in view of R. 3-A of the Rules, they should be deemed to be in quasi-permanent service. Rule 3-A provides as follows:- "R. 3-A. Government servant in respect of whom a declaration under clause (ii) of Rule 3 has not been issued but has been in temporary service continuously for five years in a service or post in respect of which such declaration could be made shall be deemed to be in quasi-permanent service unless for reasons to be recorded in writing the appointing authority otherwise orders."
(3.) As a declaration under Cl. (ii) of R. 3 had not been issued and as the appellants were in temporary service continuously for five years in the post of Civil Judges in respect of which such declaration could be made, it was contended they should be deemed to be in quasi-permanent service, and that, accordingly, the orders of termination of their services were illegal and invalid.;