IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 16986 of 2008(V) -------------------------- PETITIONER: -------------------- SREEKUMAR G., 'SANTHI' CHAVARA SREE KRISHNA SWAMI TEMPLE, S.R.P.MARKET P.O.,THAZHAVA,KOLLAM. RESIDING AT CHEMPAKASSRRIL ILLIOM,. VALIYAKULANGARA, OACHIRA P.O., KOLLAM 690 526. BY ADV. DR.K.P.KYLASANATHA PILLAY SRI.V.SADASIVAN SRI.K.JITHIN SRI.JESSEL VINOHAR RODRICKS SMT.V.J.SAFEENA SRI.S.SANJITH SMT.SREEDEVI KYLASANATH RESPONDENTS: ------------------------- 1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BHY ITS PRESIDENT TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM. 3. THE ASSISTANT DEVASWOM ACCOUNTS OFFICER, ASST. DEVASWOM ACCOUNTS OFFICE AMBALAPUZHA, ALAPPUZHA DISTRICT. BY ADV.D.SREEKUMAR - SC FOR TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.16986 of 2008 V ------------------------- Dated this the 9th day of June, 2008. JUDGMENT The petitioner entered service as a Santhi under the Travancore Devaswom Board with effect from 12.9.1983. According to him, his probation was declared on 1.11.1984. The dispute is whether the period of probation would be taken into account for the purpose of time bound higher grade against which, a view has been taken in Ext.P2. 2. Learned standing counsel for the Devaswom Board submits that the issue may be considered by the Board itself. Ext.P5 is an objection, which has been forwarded by the petitioner to the Commissioner. But since a view has been taken against the petitioner by the Accounts Officer, a different view can be taken only by the Board and not by the Commissioner. In the result, the writ petition is disposed of directing the 2nd respondent-Commissioner to forward Ext.P5 to the 1st respondent within a period of two months from the date of receipt of a copy of this judgment. Thereupon, the Board shall take a decision on the objections raised by the petitioner, as contained in Ext.P5 within a period of two months W.P.(C).NO.16986/08 :: 2 :: thereafter. The amount already disbursed to the petitioner shall not be recovered, till the Board takes a decision in that regard. The petitioner may be heard before a decision is taken by the Board. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge