IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 29589 of 2009(P) -------------------------- PETITIONER(S): --------------- P.T.JOHNY,S/O.P.C.THOMAS, AGED 41 YEARS,P.D.TEACHER, GOVERNMENT U.P.SCHOOL,VALAMPUR, NORTH MAZHUVANNUR,ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.T.V.VIJAYARAJAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,KAKKANAD,ERNAKULAM-30. 3. THE ASSISTANT EDUCATIONAL OFFICER, KOLANCHERRY,ERNAKULAM DISTRICT. 4. THE HEADMASTER, GOVERNMENT U.P.SCHOOL,VALAMPUR, NORTH MAZHUVANNUR,ERNAKULAM DISTRICT. BY G.P. SHRI MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29589 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2009. JUDGMENT The petitioner herein is presently working as P.D. Teacher in Government U.P. School, Valampur, North Mazhuvannur, Ernakulam District. He entered Government service as P.D. Teacher on 21.7.2004 and prior to the entry in Government service, the petitioner has got aided school service for over 12 years for the period from 1.7.1992 to 20.7.2004. After reckoning the same, he was granted first higher grade with effect from 21.7.2004, as per Ext.P1. The same was cancelled as per Ext.P2. It was confirmed by the second respondent in appeal as per Ext.P3. 2. Presently, the petitioner has filed Ext.P19 revision petition before the first respondent, wherein reliance is placed on Ext.P5 Govt. Order to contend for the position that declaration of probation is not necessary when an employee is given non-cadre promotion. 3. There will be a direction to the first respondent to take a decision on Ext.P19 after hearing the petitioner, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/