( 20 ) IN State of Uttar Pradesh V. Akbar All Khan, A. I. R. 1966 Supreme Court 1842, there was a specific rule allowing period of probation to be extended and confirmation was to be on passing a departmental examination and reports about fitness for, confirmation. This decision therefore, is not very relevant for the propositions mooted before us.

( 21 ) IN SMe of Punjab v. Dharain Singh, 1968 (2) S. L. R. 247 Rule 6 (3) of the relevant Rules prohibited extension of period of probation beyond three years, ft was held in this situation that if an employee appointed or promoted to a post on probation is allowed to continue in that post after completion of the maximum period of probation without ,an express order of confirmation, he cannot be deemed to continue in that post as a probationer by implication. The reason for this rule was that extension of probation by implication is negatived by the service rules forbidding extension of the probationary period beyond the maximum period fixed by it. In such a ease, it was held, it is permissible to draw the inference that the employee allowed to continue in the post on completion of the maximum period of probation has been confirmed in t

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