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According to the learned counsel for the appellants the High Court has erroneously held that Section 25-N has no application. Even otherwise, it was contended that the appellants were entitled to the benefits available under Rule 35(b).

It was in this context submitted by the learned counsel for the appellants that after completion of the probation period, the appellants had become permanent employees and, therefore, they were governed by the Rules and the benefits under Rule 35(b) were clearly applicable.

4(c). "Temporary" employee means an employee who has been appointed for a limited period for work which is of an essentially temporary nature.

4(d). An "Apprentice" means a learner who is given a nominal stipend during the period which will ordinarily be of 6 months before he is taken up as a temporary employee.

4(e). Every employee shall be given a written order regarding his appointment, confirmation, promotion, transfer and ending of service as the case may be.

Rule 10 (5): If the work and conduct of an employee during the period of probation is found satisfactory, he will be confirmed from the date of completion of the probation period.

"Where as in the present case, the service rules fix a certain period of time beyond which the probationary period cannot be extended and an employee appointed or promoted to a post on probation is allowed to continue in the 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 is that such an implication is negatived by the service rule forbidding extension of the probationary period beyond the maximum period fixed by it. In such a case, 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 the post by implication."