- (1.) Delay condoned.
(2.) The petitioner was appointed on probation as a Civil Judge by proceedings dated July 13,1979. On completion of six months' period, he was put on probation with effect from February 16, 1980. Though two years period had expired, no order of confirmation was issued and he continued on probation. In view of the non-satisfactory nature of the service, the full Court decided that he could not be confirmed. Accordingly, orders were issued on August 5, 1983 discharging him from service under Rule 52 (a)of M. P. Government Service (Temporary, Quasi-permanent Service) Rules 1960. When the petitioner filed writ petition in the High Court, he was unsuccessful in Letters Patent Appeal, though he succeeded before learned single Judge. Thus this petition for special leave has been filed against the order of the Division Bench passed on February 3,1993 in L. P. A. No. 122/85
(3.) The 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, Recruitment and condition of Services) Rules, 1955,(for short 'the Rules')provides thus: "Every candidate appointed to the cadre shall undergo training for a period of six months before he is appointed on probation for a period of two years, which period may be extended for a further period not exceeding two years. The probationers may, at the end of period of their probation, be confirmed subject to their fitness for confirmation and to having passed, by the higher standard, all such departmental examination as may be prescribed". A reading thereof would clearly indicate that every candidate appointed to the cadre shall undergo training initially for a period of six months before he is appointed on probation for a period of two years. On his completion of two years of probation, it may be open to the High Court either to confirm or extend the probation. At the end of the probation period, if he is not confirmed on being found unfit, it may be extended for a further period not exceeding two years. It is seen that though there is no order of extension, it must be deemed that he was continued on probation for an extended period of two years. On completion of two years, he must not be deemed to be confirmed automatically. There is no order of confirmation. Until the order is passed, he must be deemed to continue on probation.;