JUDGMENT

A.R. Lakshmanan, J.

The above two appeals were filed by the Registrar of the High Court of Gujarat and Mr. C.G. Sharma respectively against the final judgment and order dated 5.9.2001 passed by the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No. 1721/1999 in Special Civil Application No. 11218/1994 whereby the High Court allowed the Letters Patent Appeal filed by Mr. C.G. Sharma- respondent in C.A.No. 4019/2002 and appellant in C.A. No. 575/2003 and directed that Mr. C.G. Sharma shall be entitled to all the consequential benefits as if the termination order had never been passed. Aggrieved by the findings of the Division Bench in regard to his contention of deemed confirmation, Mr. C.G. Sharma filed Civil Appeal No. 575/2003.

2. Both these appeals raised common question of law about the interpretation of the provisions of sub-rule (4) of Rule 5 of the Gujarat Judicial Service Recruitment Rules, 1961 (hereinafter referred to as "the Rules") regarding the power of the Government to extend the period of probation. Hence both these appeals have been heard together and are being disposed of by a common judgment.

3. Mr. C.G. Sharma, respondent in C.A.No.4019/2002 was