IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 16416 of 2008(D) -------------------------------- PETITIONERS: ---------------- 1. SANITHA.E, D/O. KRISHNAN, AGED 40, G.H.S.S. PALLIKKUNNU. 2. BENNI MATHEW, S/O. MATHEW, AGED 41, G.H.S.S PALA, KOTTAYAM DISTRICT. 3. PUSHPAJA.M.C, D/O. LATE M.V. AMBU, AGED 43, G.H.S.S, THOTTADA, THOTTADA.P.O, KANNUR. 4. CHINNU.K.V, D/O. VELUTHIRA, AGED 36, G.V.G.H.S.S, CHITTOOR, PALAKKAD. 5. WILFRED.G, S/O. GREGORY, AGED 43 YEARS, G.H.S.S, KARUNAGAPPALLY, KOLLAM. 6. SIVAPRASAD.T.K, S/O.KRISHNAN, AGED 45 YEARS, G.H.S.S, CHEEMENI, KASARAGOD DT. BY MR.V.RAMKUMAR NAMBIAR, ADVOCATE. RESPONDENTS: ----------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM. 2. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. BY MS. T.B. REMANY, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.16416/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF EXTRACT OF THE FINAL SENIORITY DTD. 15.6.05 PUBLISHED BY THE GOVT. IN ECONOMICS. EXT. P2 : COPY OF PROCEEDINGS OF R1 DT. 5.10.06. EXT. P3 : COPY OF REPRESENTATION DTD. 6.6.07 BEFORE R2. EXT. P4 : COPY OF ORDER OF R1 DTD. 31.7.07. EXT. P5 : COPY OF REPRESENTATION DTD. 16.8.07 SUBMITTED BY THE 1ST PETITIONER. EXT. P6 : COPY OF NOTIFICATION PUBLISHED BY THE GOVT. OF KERALA DTD. 22.2.06. EXT. P7 : COPY OF KERALA GAZETTE NOTIFICATION REGARDING AMENDMENT OF K.S. & S.S.R DTD. 25.6.07. EXT. P8 : COPY OF REPRESENTATION DTD. 10.9.07 SUBMITTED BY THE 2ND PETITIONER BEFORE THE R1. EXT. P9 : COPY OF LETTER DTD. 24.3.08 RECEIVED FROM THE STATE PUBLIC INFORMATION OFFICER. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16416 OF 2008 --------------------------------------- Dated this the 1st day of June, 2009. J U D G M E N T The petitioners are aggrieved by the non-declaration of their probation in the post of H.S.S.T (Junior). The details of appointment of the petitioners have been stated in paragraphs 1 to 6 of the writ petition. 2. The petitioners were earlier working as High School Assistants in their respective schools. Exhibit P1 is the seniority list in which the petitioners are ranked as 66 to 71. The petitioners contend in the writ petition that on completion of one year, the probation is liable to be declared. 3. In the counter affidavit filed on behalf of the first respondent it is pointed out that the petitioners were appointed as H.S.S.T (Junior) Economics as per order dated 05.10.2006. They have to complete two years of service, to declare probation. It is stated in paragraph 7 that steps will be initiated to regularize the service of the petitioners in the post of H.S.S.T (Junior) and W.P.(C) No.16416/08 2 declare their probation as well to enable them to appoint as H.S.S.T (Economics) by transfer along with the incumbent H.S.S.T (Junior) Economics. Finally, in paragraph 10, it is averred thus: “Steps have already been taken to regularise and declare the probation of the petitioners. The petitioners have completed their period of probation now and the details of the incumbents have been called for. Already the work relating to the publication of the seniority list of the existing H.S.S.T (Junior) Economics is going on. Hence it is respectfully submitted that the regularisation of appointment and declaration of probation of the incumbents will be done without much delay” In the light of the above averments contained in the counter affidavit, this writ petition is disposed of directing the first respondent to pass consequential orders to regularize the appointment and declare the probation of the petitioners within a period of six weeks from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp