- (1.) THE requirement of removal of formal defects is dispensed with.
(2.) THE delay in filing these Special Appeals has been sufficiently explained, and is accordingly condoned. The applications for condonation of delay are allowed.
(3.) WE have heard learned counsel appearing for the parties. We are informed by learned counsel appearing for the respondents that a similar issue, as it is raised in these appeals, has been raised before a Division Bench of this Court at Principal Seat, Jodhpur in Rajasthan Public Service Commission, Ajmer Vs. Vijay Dayal Bohra and Ors. (D.B.Civil Special Appeal (Writ) No.1252/2013), by order dated 05.09.2014. It was held by the Court that where a person appointed, on a vacancy advertised by the department, by way of open competition, even if the post is temporary in nature, his appointment is in substantive capacity, and thus, the age relaxation of five years, applicable to the substantive appointment in the State, cannot be denied to him. It was held that an appointment to a temporary post for a certain specified period, also gives a government servant, a right to hold the post for the entire period of his tenure, and his tenure cannot be put to an end, during that period, unless he is, by way of punishment, dismissed or removed from service. Except in these two cases, the appointment to a post, permanent or temporary, on probation, or on an officiating basis, or a substantive appointment to a temporary post, gives to the servant so appointed, a right to hold the post, unless he is terminated in accordance with the Service Rules. The Court relied on Parshotam Lal Dhingra Vs. Union of India, 1958 AIR(SC) 36 and S.B.Patwardhan Vs. State of Maharashtra, 1977 AIR(SC) 2051, in deciding the issue.;