IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 2788 of 2011(W) ------------------------- PETITIONER(S): --------------- K.VISWANATHAN, ASSISTANT TOWN PLANNER, OFFICE OF THE TOWN PLANNER, IDUKKI. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-1. 2. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM-33. 3. THE ACCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM-39. 4. THE SUB TREASURY OFFICER, PAINAVU, IDUKKI-685503. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 2788/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DISCHARGE CERTIFICATE DTD.3.2.87. P2. COPY OF THE SELECT LIST DTD.26.5.03. P3. COPY OF THE APPOINTMENT ORDER DTD.27.5.03. P4. COPY OF THE ORDER DTD.12.1.07 BY R2. P5. COPY OF THE PAY SLIP DTD.28.7.09 BY R3. P6. COPY OF THE ORDER DTD.11.6.2010 BY R2. P7. COPY OF THE REVISED PAY SLIP DTD.10.8.2010 ISSUED BY R3. P8. COPY OF THE GOVT. ORDER DTD.15.3.2010. RESPONDENT(S)' EXHIBITS: Annexure R2A. COPY OF THE SHOW CAUSE NOTICE DTD.24.3.2010. R2B. COPY OF THE REPLY DTD.5.4.2010. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 2788 of 2011 ================== Dated this the 23 rd day of June, 2011 J U D G M E N T The petitioner is presently working as an Assistant Town Planner. He entered service as First Grade Town Planning Surveyor pursuant to advice by the Public Service Commission on 28.7.1988. Prior to that, he had provisional service from 21.10.1985 to 3.2.1987. According to the petitioner, since his absorption into regular service was prior to 1.10.1994, the provisional service also is liable to be counted for the purpose of service benefits. The petitioner is now aggrieved by the cancellation of his declaration of probation on the ground that he did not pass the obligatory departmental test. The petitioner relies on Ext.P8 Government order to contend that the petitioner being a scheduled caste candidate, who has entered service prior to 31.12.1985, is not liable to pass obligatory departmental test for declaration of probation. 2. I have heard the learned Government Pleader also. 3. It is settled law that provisional service can be counted only for the purpose of increments. The question of declaration of probation has to be on the basis of the date of entering regular service, for which, the provisional service cannot be taken into account. Admittedly the petitioner entered regular service only on w.p.c.2788/11 2 28.7.1988. Exemption from passing of departmental test is available only to scheduled caste employees who were in service on or before 31.12.1985. Admittedly, the petitioner was not in regular service on or before 31.12.1985. Therefore, the petitioner is not entitled to the relief prayed for in this writ petition. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge