IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 4804 of 2011(A) ------------------------------ PETITIONERS: ---------------- 1. ASWATHY.K.V., H.S.A.ENGLISH, HEMAMBIKA SANSKRIT HIGH SCHOOL, KALLEKULANGARA, PALAKKAD. 2. SHAMNA.B., U.P.S.A, HEMAMBIKA SANSKRIT HIGH SCHOOL, KALLEKULANGARA, PALAKKAD. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------------ 1. THE DISTRICT EDUCATIONAL OFFICER D.E.O'S OFFICE, PALAKKAD-678 001. 2. THE MANAGER/EXECUTIVE OFFICER, HEMAMBIKA SANSKRIT HIGH SCHOOL, KALLEKULANGARA, PALAKKAD-678 009. 3. THE HEADMISTRESS, HEMAMBIKA SANSKRIT HIGH SCHOOL, KALLEKULANGARA, PALAKKAD-678 009. 4. THE COMMISSIONER, THE MALABAR DEVASWOM BOARD, KOZHIKODE-673 001. BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R4 SRI.MOHAN C.MENON FOR R2 BY SMT. M.T. SHEEBA, GOVERNMENT PLEADER FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.4804/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 14.1.08 ALONG WITH THE ENDORSEMENT MADE BY R1. EXT. P2 : COPY OF APPOINTMENT ORDER ISSUED IN FAVOUR OF 2ND PETITIONER ALONG WITH THE ENDORSEMENT MADE BY R1. 4TH RESPONDENT'S EXHIBITS: EXT. R4(a) : COPY OF ORDER No.J5 2598/2009/MDB (1) DTD.15.3.10. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4804 OF 2011 --------------------------------------- Dated this the 28th day of November, 2011. J U D G M E N T The petitioners are seeking for a direction to the respondents to declare their probation in the respective posts held by them. The 1st petitioner was appointed as H.S.A (English) as per Ext.P1 order and the endorsement therein shows that the said appointment has been approved. The 2nd petitioner was appointed as U.P.S.A as per Ext.P2 and the same has also been approved. It is stated that they have already completed more than two years in the cadre. 2. Rule 6(a) of Chapter XIV-A of Kerala Education Rules provides that at the end of the period of probation, the Manager may issue an order declaring him to have satisfactorily completed his probation. Learned counsel for the petitioners submitted that the problem arose since the former Executive Officer Sri.Muraleedharan was transferred on 21.01.2010 and Sri.V.Ramanathan, the present Executive Officer has not been approved as the Manager. Therefore, learned counsel for the petitioners prays that the District Educational Officer may be W.P.(C) No.4804/2011 2 directed to invoke his power under Rule 6(e) of Chapter XIV-A K.E.R. 3. Heard the learned counsel appearing for the Executive Officer also. In the statement filed on behalf of the 4th respondent, it is pointed out that Sri.V.Ramanathan, the present Executive Officer has been appointed as Manager as per Ext.R4(a). If the appointment of the Manager has not been approved so far and further delay will occur, the provisions of Rule 6(e) of Chapter XIV-A K.E.R will be invoked by the District Educational Officer and appropriate orders will be passed with regard to the declaration of probation of the petitioners within a period of two months from the date of receipt of a copy of this judgment, with notice to the Manager/Executive Officer. If the appointment of Sri.V.Ramanathan has already been approved as Manager, he will take steps for declaration of probation without delay in accordance with the Rules. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp