( 1 ) THE question referred to the Full Bench for answer is,

"whether a Government servant on probation is to he deemed to be confirmed on the expiry of the period of his probation if no orders confirming him in his substantive post or extending Ms period of probation arc passed by the competent authority?"

( 2 ) IT has arisen in a special appeal which has been preferred against a judgment of a learned single Judge of this Court, allowing the writ petition filed by the respondent Shri D. A. Lyall under Article 226 of the Constitution. The special appeal was heard by a Bench, of which two of us were members, and as it was felt that the question is of importance and had once been referred to a larger Bench but could not be decided because of some reasons, which it is not necessary to state here, the matter has come up before the Full Bench.

( 3 ) THE facts of the case in which thi1 question has been raised have been fully set out in the judgment of the learned single Judge, They may only be briefly touched again.

( 4 ) ON the approval of the Public Service Commission, U. P. made in 1939, and, after necessary departmental training, Shri D. A. Lyall respondent was appoin