IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 OP.No. 2069 of 1999(U) ---------------------- PETITIONER(S): --------------- 1. V. SUBRAMANIAN, NURSING ASSISTANT, T.B. CLINIC, PONANI, MALAPPURAM DIST. 2. K.P. AYSHAKUTTY, HOSPITAL ASSISTANT GRADE-I, T.B. CLINIC, PONANI, MALAPPURAM DIST. BY ADV. SRI.K.K.MUHAMED RAVUF RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, MALAPPURAM. 3. THE MEDICAL OFFICER, T.B. CLINIC, PONANI, MALAPPURAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ OP.No. 2069 of 1999(U) APPENDIX PETITIONERS' EXHIBITS: P1. COPY OF THE ORDER NO.A3-2138/98 DATED 29.6.1998 OF THE DISTRICT MEDICAL OFFICER OF HEALTH, MANJERI. P2. COPY OF ORDER NO.A3/11273/97 DATED 14.11.1997 OF THE DISTRICT MEDICAL OFFICER OF HEALTH, MANJERI RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 2069 of 1999 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2010 J U D G M E N T 1. The 1st petitioner entered service as a part - time employee in the Health Department of the Government of Kerala, in the year 1985. He was absorbed as a full time employee on 01.09.1986. The 2nd petitioner entered service as a part - time employee on 12.02.1987 in the Health Department and became a full time employee from 24.02.1988. After completion of the probation period of one year the petitioners were given increments also. But their probation was formally not declared. Subsequently by Ext.P1 order dated 29.06.1998 the probation of the 1st petitioner was declared w.e.f. 02.12.1992. By Ext.P2 order dated 14.11.1997 probation of the 2nd petitioner was also declared w.e.f. 02.12.1992. But in Exts.P1 & P2 it has been stated that after sanctioning of the first increment, if any increment has been sanctioned to the petitioners prior to the date of effect of declaration of probation, the same O.P. No. 2069 of 1999 -2- should be recovered form the petitioners. Petitioners are challenging Exts.P1 & P2 to the extent their probation has been declared only with effect from 02.12.1992 and they direct recovery of excess increments received by them. According to the petitioners the respondents have no case that the petitioners have not completed probation satisfactorily within the period of probation. That being so, when probation is declared the same could only have been with effect from the date of completion of probation and assigning of a later date for completion of probation without assigning any reason is clearly vitiated. 2. A counter affidavit has been filed by the 1st respondent supporting the impugned orders on the ground that when probation is declared with effect from a later date the petitioners are entitled to only the first increment and not subsequent increments up to the date of effect of declaration of probation. 3. I have considered the rival contentions in detail. There is no case for the respondents that the petitioners O.P. No. 2069 of 1999 -3- have not satisfactorily completed their probation within the period of probation. No reason whatsoever is mentioned in Exts.P1 & P2 for assigning a later date for satisfactory completion of the probation. As such I am satisfied that the assigning of later date in Exts.P1 & P2 for satisfactory completion of probation of the petitioners is clearly vitiated. Accordingly that part of Exts.P1 & P2 whereby the petitioners are assigned a later date for satisfactory completion of probation and excess increments received by them are directed to be recovered are quashed. It is declared that the petitioners have satisfactorily completed probation within the period of probation itself. Consequently they are not liable to be refund any increment received by them. The writ petition is allowed as above. S. SIRI JAGAN JUDGE shg/