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The RPSC has filed the reply and has relied upon the definition given in sub-rule (l) of Rule 2 of the Rules of 1963 defining "substantive appointment" and submitted that substantive appointment means an appointment made under the provisions of Rules of 1963 to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Rules and includes an appointment on probation or as a probationer followed by confirmation on completion of probationary period.

(10) The word "probationer" or as "a probationer followed by confirmation on completion of probationary period" as defined in Rules of 1963, are two separate classes. The word "or" used is disjunctive and there are two categories and when person is appointed on probation, it being an inclusive definition of substantive appointment, such persons like petitioners from a separate class and probationer followed by confirmation on completion of probationary period is a separate class.

Per contra, Mr. Rajendra Prasad, learned AAG has submitted that any probationer, who is appointed after regular recruitment, until his confirmation is there, till then, such person cannot be treated as substantively appointed. Mr. Rajendra Prasad submits that as per Rule 7(34-A) of RSR, substantive appointment should be against a permanent post and person should hold lien. Mr. Rajendra Prasad submits that probationer, if does not complete the probationary period successfully, including by writing the departmental examination, where it is necessary, the same person cannot be treated as substantively appointed.

The definition of substantive appointment in Rule 2(k) of the Ministerial Rules, 1999 includes appointment on probation followed by confirmation on the completion of the probationary period. The very definition of the substantive appointment in the rule in First Part deals with the appointment made against (26 of 43) [ CW-10008/2017] substantive vacancy after due selection and then includes an appointment on probation followed by confirmation on completion of probationary period. The word "and" further "includes" appointment on probation followed by confirmation, is inclusive and as such, the person who is duly selected against substantive vacancy, is having the status of substantive appointment.