IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 16755 of 2006(T) ---------------------------------------- PETITIONER(S): ------------------------ M.G.SUBHASH, L.D.CLERK, KEEZHUR CHAVASSERY GRAMA PANCHAYATH, P.O.PUNNAD, KANNUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------------------- 1. THE DEPUTY DIRECTOR OF PANCHAYATH, KANNUR. 2. THE SECRETARY, KEEZHUR CHAVASSERY GRAMA PANCHAYATH, P.O.PUNNAD, KANNUR DISTRICT. R1 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R2 BY ADV.MR.V.M.KURIAN, MR.MATHEW B. KURIAN, MR.K.T.THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16755/2006 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.E1-650/98 -ACK DTD. 4/12/2002. P2: COPY OF THE ORDER NO.E1-650/98-ACK DTD. 28/02/2003. P3: COPY OF THE ORDER DTD. 4/04/2003. P4: COPY OF THE APPOINTMENT ORDER NO.E1-1980/96 DTD. 11/04/2003. P5: COPY OF THE ORDER NO.E1-3770/06 DTD. 19/05/2006. P6: COPY OF THE JUDGMENT DTD. 26/08/2009 IN C.C.415/2002 OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANUR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.16755 OF 2006 (T) -------------------------------------------------- Dated this the 18th day of December, 2009 J U D G M E N T Petitioner is a Lower Division Clerk working at Keezhur Chavassery Grama Panchayat. His grievance is that his probation has not been declared. Referring to Ext.P5, he submits that it was on account of pendency of CC.No.415/2002 on the file of the Additional First Class Magistrate, Mattannur, in which he was an accused, that probation was not declared. Along with I.A.NO.13988/09 the petitioner has produced Ext.P6, judgment of the Trial Court rendered on 26th August, 2009 acquitting the petitioner. In view of this, petitioner submits that he is entitled to have his probation declared. 2. If as stated by the petitioner,pendency of the aforesaid case was the reason for delaying declaration of his probation, in view of Ext.P6 judgment produced by him, this is a matter for the first respondent to consider. 3. Therefore, I dispose of this writ petition directing the first respondent to consider the claim of the petitioner to have his probation declared, duly adverting to Ext.P6 judgment in WPC.No. 16755/06 :2 : CC.No.415/02 referred to above. Petitioner shall produce a copy of this judgment along with a copy of the judgment of the trial court before the first respondent, who shall pass orders as directed above, at any rate within 4 weeks from the date of production. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 16755/06 :3 :