IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 20807 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. ROBERT T.P., S/O.PETER, AGED 38 YEARS, LAB ASSISTANT, HOLLY FAMILY HIGHER SECONDARY SCHOOL, KATTOOR, ALAPPUZHA, RESIDING AT THANNICKAL HOUSE, MARARIKULAM NORTH P.O., ALAPPUZHA. 2. JUSTINE.E.S., S/O.CYRIL E.O., AGED 33 YEARS, LAB ASSISTANT, LEO XIII HIGHER SECONDARY SCHOOL, ALAPPUZHA, RESIDING AT ERESSERIL HOUSE, KATTOOR P.O., KALAVOOR, ALAPPUZHA. 3. XAVIOR K.S., S/O.STEPHEN, AGED 32 YEARS, LAB ASSISTANT, ST.FRANCIS ASSISI HIGHER SECONDARY SCHOOL, ARTHUNKAL, RESIDING AT KURUSUNKAL HOUSE, THYCKAL P.O., CHERTHALA. 4. KUNJUMON AUGUSTINE, S/O.AUGUSTINE AGED 27 YEARS, LAB ASSISTANT, ST.FRANCIS ASSISI HIGHER SECONDARY SCHOOL, ARTHUNKAL, RESIDING AT KARIKODATH HOUSE, EZHUPUNNA SOUTH P.O., CHERTHALA. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT.OF KERALA, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (AUDIT), THIRUVANANTHAPURAM. 3. DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 4. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R5 GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 20807/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE APPROVAL OF APPOINTMENT ORDERS DTD.15.8.04, 14.8.04 AND 25.5.06. P2. COPY OF THE ORDER DTD.16.8.06 BY R1. P3. COPY OF THE LETTER DTD.15.12.08. P4. COPY OF THE RELEVANT PAGES OF AUDIT OBJECTION DTD.27.1.2009. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 20807 of 2009 ================== Dated this the 20th day of January, 2010 J U D G M E N T The petitioners are Lab Assistants appointed in the year 2004. Their grievance in this writ petition is that even after five years, their probation has not been declared yet. I directed the learned Government Pleader to ascertain from respondents 1 to 3 as to why even after five years, orders have not been passed declaring the probation of the petitioners. The learned Government Pleader today submits that the probation of the petitioners could not be declared for want of pass in the Lab Attenders' Test, which is a mandatory requirement for appointment to the post itself. They were appointed subject to passing of the Lab Attenders' Test, which they are yet to pass. Learned counsel for the petitioners submits that the petitioners can pass the Lab Attenders' Test only if the Public Service Commission conducts the Test. According to him, after the appointment of the petitioners, the PSC has not conducted the Test yet. In the above circumstances, I asked the learned Standing Counsel for the PSC as to what is the delay in conducting the Lab Attenders' Test. He submits that applications have already been invited for the test by notification dated 30.7.2009 with last date as 9.9.2009. He further submits that the Test would be conducted within three months from today. This 2 submission of the learned Standing Counsel is recorded. The writ petition is disposed of with a further direction to respondents 1 to 4 to see that the petitioners' probation is declared within one month from the date of production of proof regarding pass in the Lab Attenders' Test in the test to be conducted pursuant to the notification dated 30.7.2009. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge