RAMA JOTS, J. ( 1 ) IN this writ presented by a Munsiff in the Judicial Service of this State the following questions of law arise for consideration : (1) Whether according to Rule 10 of the Karnataka Civil Services (Probation) rules 1977 a probationer whose probationary period is extended, and in whose case satisfactory completion of probation is declared subsequently which takes effect from the date of expiry of extended period of probation, is entitled to get arrears of increments for the period commencing from the date of expiry of the prescribed period of probation and the date of expiry of the extended period of probation ? (2) If, not, whether Rule 10 of the rules is void as offending Arts. 14 and 16 (1) of the Constitution ? ( 2 ) THE facts of the case, in brief, are as follows : The petitioner was appointed as a Munsiff in the Judicial service of the State on 18-7-1980. The period of probation fixed under the recruitment Rules was two years. The period of probation, in the case of the petitioner, was extended from time to time up to 30-6-1986. It was only on 7th August 1986, a Notification was issued by the High Court declaring that the petitioner had completed his period of probation satisfactorily on 30th June 1986. During the initial period of probation of two years, the petitioner was given two annual increments in the pay scale applicable to the post of Munsiff. But no increments were given thereafter as the rules do not permit the drawing of increments during the extended period of probation. However, after the declaration of satisfactory completion of probation with effect from 30-6-1986, the pay of the petitioner, with effect from 1-7-1986 was fixed giving him the benefit of all the increments which had not been given, except the arrears prior to 1-7-1986 as according to the Accountant general Rule 10 of the Karnataka Civil services (Probation) Rules 1977 does not permit the payment of arrears. The rule after its amendment with effect from 1-5-1980 reads :"increment and Pay: (1) A probationer appointed at the initial or higher stage of a time scale may draw the increments that fell due during the prescribed the words 'or extended' omitted in notification No. DPAR 65 ssr 78, dated 1-5-1980, period of probation ; he shall not however, draw any increments after the expiry of such period unless and until he is declared to have satisfactorily completed his probation. (2) When a probationer is declared to have satisfactorily completed his probation he shall draw, as from the date such order takes effect, the pay he would have drawn had he been allowed the increments for the whole of his service from the date of his appointment on probation. By that amendment the words or extended were omitted. The Rule after the amendment is clear. The meaning of the Rule is : i According to sub-rule (1) (i) During the period of probation fixed for the post, the probationer is entitled to get increments in the pay scale applicable for the post, (ii) If the probationary period is extended in the case of a Civil Servant he would not be entitled to get increments, during the extended period. (iii) If he is discharged from service during or at the end or after the expiry of extended period of probation ; there is no question of his getting increments during the extended period. II According to sub-rule (2) : if satisfactory completion is declared during or at the end or after the expiry of the extended period of probation all the increments withheld during the extended period of probation would be released so as to entitle him to draw with effect from the date the declaration takes effect the same pay , which he would have drawn, on the said date had he been allowed the increments for the whole of his service from the date of appointment on probation. ( 3 ) THE Rule which incorporates a deeming provision by the use of the words 'had he been allowed the increments' clearly means though the Civil servant is not entitled to draw the increments between the. ( 3 ) THE Rule which incorporates a deeming provision by the use of the words 'had he been allowed the increments' clearly means though the Civil servant is not entitled to draw the increments between the. date of extension of probation and the date with effect from which satisfactory completion of probation is declared, he would be given the benefit of fixation at higher stage as if he had been allowed to draw the increments. By necessary implication the payment of arrears of increments is excluded. ( 4 ) ACCORDING to sub-rule (2) of Rule. 10 on a declaration that a Probationer has satisfactorily completed his probation he is entitled to draw, as from the date such order takes effect, the pay that he would have drawn, had he been allowed the increments for the whole of his service from the date of his appointment on probation. ( 5 ) THE purpose of the Rule would be clear, if it is read with clause (a) of sub-rule (1) of Rule 5 which reads : declaration of satisfactory completion of probation etc, (1) at the end of the prescribed or, as the case may be the reduced or extended period of probation, the appointing authority shall consider the suitability of the probationer to hold the post he which he was appointed, and (a) If it decides that the probationer is suitable to hold the post to which he was appointed and has passed the special examinations or tests, if any, required to be passed during the period of probation it shall, as soon as possible, issue an order declaring the probationer to have satisfactorily completed his probation and such an order shall have effect from the date of the expiry of the prescribed, reduced or extended period of probation. This rule prescribes the date with effect from which a declaration of satisfactory completion of probation comes into effect, obviously because there would be some time lag between the date of expiry of the prescribed or extended period of probation and the making of a declaration of satisfactory completion of probation. The rule is intended to avoid the adverse effect of a delayed declaration. According to the above rule, the declaration of satisfactory completion of probation, in the case of a Civil servant, takes effect from the date of the expiry of the prescribed, reduced or extended period of probation. The rule is intended to avoid the adverse effect of a delayed declaration. According to the above rule, the declaration of satisfactory completion of probation, in the case of a Civil servant, takes effect from the date of the expiry of the prescribed, reduced or extended period of probation. This rule brings about the following difference between a probationer in whose case there had been no extension of the period of probation and a probationer in whose case the period of probation has been extended. I) In the case of a probationer in whose case there has been no extension of the period of probation fixed under the rules, whatever may be the date on which the declaration of satisfactory completion is made, as such declaration takes effect from the date of completion of the prescribed period of probation, with effect from that date he would be entitled to draw the pay, he would have drawn had he been allowed the increments for the whole of his service from the date of his appointment on probation. Such a Probationer who had drawn the increments during the period of probation in view of rule 10 (1), would, in continuation thereof, be entitled to get all the increments withheld under rule 10 (1) for want of a declaration of satisfactory completion of probation. In other words, he would be entitled to get the arrears of salary becoming due consequent on the releasing of increments after the expiry of the period of probation and the date of making the declaration, if there has been more than one year delay in making the declaration. ii) In the case of 3 person whose probation period is extended, in view of clause (a) of sub-rule (1) of Rule 5 of the rules, the declaration of satisfactory completion would take effect from the date of the expiry of the extended period of probation. Consequently, he would be entitled to have his pay fixed as on the date with effect ffom which satisfactory completion of probation takes effect; whatever may be the delay in making the declaration ; the pay which he would have drawn on that date, had he been allowed all the increments for the whole of his service from the date of his appointment on probation. The clear effect of the Rule is, the period between the date on which the initial period of probation came to an end and the date with effect from which the satisfactory period of completion takes effect (which would be the same as the date of the expiry of the extended period of probation) would count for increments only for the purpose of fixing the pay as on the date with effect from which he completed the extended period of probation. This cleary means for that period he would not be entitled to arrears of salary or increments. ( 6 ) IF the interpretation placed by the learned Counsel for the petitioner on the Rule was correct. The words 'also the arrears of increments for the said period' would have to be added towards the end of the Rule. It is riot permissible to interpret the rule in that manner as it would amount to an amendment of the rule. As rightly pointed out by the accountant General in his letter dated 17th October 1986 and 7th January 1987 the Rules 10 does not permit drawing of arrears of increments, but it only permits the fixation of pay as on the date of the expiry of the extended period of probation as if the Probationer, whose probation has been extended, was allowed to draw the increments during the said period. For these reasons, I answer the first question in the negative. ( 7 ) FACED with this clear meaning of the Rule, the petitioner has urged an additional ground stating that the Rule brings about a discrimination between two classes of probationers in that it allows arrears of increments in the case of persons whose period of probation has not been extended and denies the same to persons whose probation period has been extended. The petitioner contends that the Rule is void as violative of articles 14 and 16 (1) of the Constitution of India. ( 8 ) THERE is no substance in the above contention. The rule allows fixation of pay with effect from the date on which the declaration of satisfactory completion takes effect, in both the categories of cases. The petitioner contends that the Rule is void as violative of articles 14 and 16 (1) of the Constitution of India. ( 8 ) THERE is no substance in the above contention. The rule allows fixation of pay with effect from the date on which the declaration of satisfactory completion takes effect, in both the categories of cases. In the case of a Probationer who does not satisfactorily completes the period of probation during the prescribed period, what happens is there would be a period between the date of expiry of the prescribed period of probation and the date of expiry of the extended period of probation with effect from which the declaration of satisfactory completion of probation takes effect. It is for this period payment of arrears ia not allowed. But in the case of probationer who satisfactory completes the period of probation during the prescribed period itself there would be no such gap at all, as the declaration takes effect from the date of the expiry of the prescribed period. Hence the petitioner who belong to class of persons who fail to complete the period of satisfactory completion of probation during the period of probation cannot claim to be similarly situated with those probationers who satisfactorily complete the probation during the prescribed period of probation. As regards arrears of increment from the date with effect from which the declaration takes effect the rule makes no discrimination. Further the rule has a rational basis. It finds no justification to give arrears of increments to such persons during the extended period of probation as extension is granted only as a concession to a probationer to prove his suitability for the post during the extended period. More over the question whether arrears of increment should be paid during the extended period of probation is a matter of policy to be decided by the rule-making authority. Therefore, I am of the view, that there is no substance in the additional ground also and answer the second question also in the negative. ( 9 ) IN the result, I make the following : (i) Writ Petition is dismissed. (ii) No costs. Writ Petition dismissed. --- *** --- .