...1989 SC1431 (6) D 1991 SC 101 (18,42,226) ACT: Government Servant--Central Civil Service--When is he quasi-permanent--Permanent and Temporary servants- Te...however followed and the proceedings were dropped. Claiming that he is a quasi permanent servant he brought a suit against the Union of India alleging that the termination of his service was not...before a Government servant can be deemed to be in quasi-permanent service. The Government servant has to show that he has been in continuous Government service for more than three years and that the...

...prematurely retired he had put in 18 ½ years of quasi-permanent service. According to him, to earn pension it was necessary to have a minimum of 10 years of permanent service. It is contended that since th...Government. The appellant having served the Government for almost two decades it would be unfair to treat him as temporary/quasi-permanent. Keeping in view the facts and circumstances of this case we...-1980 after serving the Government for 18 ½ years (more than 10 years of permanent service) and as such his case for grant of pension be finalised within six months from the receipt of this order. The appellant shall be entitled to ...

...advice of High Court-Validity. Madhya Pradesh Government Servants (Temporary and Quasi- permanent Service) Rules, 1960-Whether hit by Arts. 14 & 16 of the Constitution...r. 12 of the M. P. Government Servants (Temporary and Quasi-permanent Service) Rules, 1960 stating only that the services of the appellant are terminated from a specified day. The appellant filed a...contentions. this Court, HELD : The appellant was a temporary government servant and was in not quasi-permanent service. His services could be terminated on one month's notice under r. 12. There was no...

...entitled to be deemed to he a quasi-permanent servant under the Service Rules and r. 5 under which the order terminating his services is purported to have been passed is not...applicable to his case. The order, therefore, is contrary to law and is illegal and invalid. The claim of Mr. Sukthankar's client to be deemed to be a quasi-permanent servant is based on the fact that he has been in continuous ...a period of more than three years. He relies on r. 3 of the said Rules for his claim that he must be deemed to be a quasi-permanent servant. Rule 3 in the said Service Rules...

...is not in quasi-permanent service shall be liable to termination at any time by notice in writing given either by the Government servant to the appointing authority, or by the appointing authority to...Government servant." Quasi-permanent service is defined in-the rules and it is clear that the petitioner does not come within that class. It is also an undisputed fact that...the Central Civil Services (Temporary Service) Rules, 1949, unless you are a permanent Government servant." He was asked in the letter to intimate to the Ministry of...

...form reads as follows:“5. (1)(a) The services of a temporary government servant who is not in quasi permanent service shall be liable to termination at any time by a...follows:“Under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, the services of a temporary government servant, who is not in quasi permanent service, can...be terminated at any time by a notice in writing given either by the government servant who is not in quasi permanent service to the appointing authority or by the appointing authority to the...

...Government Service (Temporary, Quasi-permanent Service) Rules, 1960. When the petitioner filed a writ petition in the High Court, he was unsuccessful in letters patent appeal, though he succeeded...the non-satisfactory nature of the service, the Full Court decided that he could not be confirmed. Accordingly, orders were issued on 5-8-1983 discharging him from service under Rule 52(a) of the M.P...question, therefore, is whether the petitioner has to be deemed to have been confirmed after his completion of two years of probation. Rule 24(1) of the M.P Judicial Service (Classification...

...made permanent nor quasi-permanent. It is also admitted that the conditions of his service are exclusively governed by the “Rules”. Therefore to find out the true effect of the order of suspension...contained in the order of appointment or in any agreement between the government and the temporary government servant, the service of a temporary Government servant who is not in quasi-permanent service shall...to a suspension of the contract of service. As regards the notice issued by the appellant he urged that it was in accordance with Rule 12 of the Madhya Pradesh Government Servants (Temporary and Quasi...

.... Termination of temporary service.—(1)(a) The services of temporary government servant who is not in quasi-permanent service shall be liable to termination at any time by a notice in writing given either by...at the same time as the service of the order of termination of his services. His appeal against the termination as well as representations having failed he filed a writ petition out of which this...5 of the Central Civil Services (Temporary Service) Rules, 1965, had been amended with retrospective effect from May 1, 1965. The rule as now amended reads:“5...

...petitioner is that his case is not covered by Rule 5 inasmuch as he was in quasi-permanent service. It is further urged by Mr. Ghose, the learned Counsel for the petitioner, in his argument that though the...Constitution.4. On merits, the contention of Mr. Ghose is two-fold. He firstly contends that as the petitioner was in quasi-permanent service, Rule 5 is not attracted in his case...service of a temporary Government servant who is not in quasi-permanent service shall be liable to termination at any time by notice in writing given either by the Government servant to the appointing...

...of this order and made a representation on 8-9-1952, in which he stated that as a quasi-permanent Public Relations Officer he had a claim to an alternative post in the same grade, so long as any post in the same grade was held by a ...Commission had not selected him for the post of Assistant Station Director, was an illegal order inasmuch as the appellant held a quasi-permanent status and was entitled to hold a post in the grade of Assistant Station Directors, as...been given a quasi-permanent status he was entitled to be retained in service under the rules governing Government servants holding such status, and the termination of his service would be in...

...quasi-permanent after completion of three years' continuous service. The submission was that he had rendered six years' continuous service as a temporary servant and as his service in temporary...terminated unless his service had ripened into what is, in the service rules, called a quasi-permanent service.”“Quasi-permanent service” has been defined in ...of duty and leave (other than extraordinary leave) after that date. Rule 3 says:“A Government servant shall be deemed to be in quasi-permanent service—(i) if he has been...

...petitioner must be deemed to be in the quasi-permanent service of the Government and hence Rule 5 of the Central Services (Temporary Service) Rules, 1949 has no application to his...case.5. Now the expression “Quasi-permanent service” has been defined in Rule 2(b) of the Central Civil Services (Temporary Service) Rules, 1949 as follows...:“‘Quasi-permanent service’ means temporary service commencing from the date on which a declaration issued under Rule 3 takes effect and consisting of periods of duty and leave (other...

...to be in quasi-permanent service:—(i) If he has been in continuous Government service for more than three years, and(ii) if the appointing authority, being satisfied as...appear before the Civil Surgeon Nadia to obtain a certificate of medical fitness with a view to issuing a declaration of quasi-permanent appointment, but that declaration was never issued. In fact, he was never declared to belong to...entitled, as of right, to have his service declared quasi-permanent. For this purpose, he relied on the observations of the Supreme Court in the case of...

...to find out the provisions of the said rules and apply them to the facts of the case. Under R. 2 ‘Government service’ means temporary service under the Government of India.” Quasi permanent service means...is set out below:“A Government servant shall be deemed to be in quasi-permanent service:(i) if he has been in continuous Government service for more than three years..., and(ii) if the appointing authority, being satisfied as to his suitability in respect of age, qualification, work and character for employment in a quasi-permanent capacity, has issued a declaration to that effect, ...

...petitioner was declared to be quasi permanent in that Department with Page: 397effect from 1-7-56 in terms of rule (b) of Rule 2 read with sub-rule (ii) of R. 3 of the Central Civil Services (Temporary Service) Rules...rules and is calculated to override the claim of the petitioner who had been in quasi-permanent service of the Government since long after his remaining temporary for a number of years. The Office...having put in service for a number of years was made quasi-permanent Lower Division Clerk in terms of rules 2 and 3 of the 1949 Rules. The 1949 Rules were replaced by the Central Civil Services (Temporary Service) ...

...Rules lay down the procedure for recruitment of temporary Government servants who are not in quasi permanent service. What is contemplated under Rule 5 of the Rules is...services of the petitioner is quasi-permanent service cannot be accepted. Rule 2(b) defines quasi-permanent service as temporary service, commencing from the da...quasi-permanent service—i) if he has been in continuous temporary service for more than three years; andii) if the appointing authority, being satisfied having regard to the...

...(5) of M.P Government Service (Temporary and Quasi-Judicial Service) Rules, 1960 valid — Rule 3-A of the Rules not attracted — Hence services of such an officer cannot be deemed to be quasi-permanent under...in quasi-permanent service does not arise. Further, as the question of confirmation was completely within the domain of the control of the High Court under Article 235, there was no necessity to read...whether Rule 3-A of 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...

...has neither been declared quasi-permanent nor permanent even after 11 years of service, and therefore, he is not entitled to pensionary benefits. Petitioner filed a representation and also served...has filed objections in which it is pleaded that petitioner served in the State in temporary capacity upto 12th of May 1999 and was declared quasi permanent w.e.fi 13th of May 1999. It is stated that the petitioner rendered a total ...3 years, 10 months and 19 days in quasi permanent status and as per Rule 9 of Schedule-IX of J & K Civil Regulations Vol. II, an employee who has r???ered less than five years of service as...