IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 22879 of 2011(H) -------------------------- PETITIONER: --------------- P.V.KRISHNA KUMAR, AGED 37 YEARS, S/O. LATE KRISHNA MARAR, MADIYANKOOLAM,PO MNIKOTH, KASARGODE DISTRICT. (WORKING AS PD TEACHER (LPSA) IN GOVERNMENT HIGHER SECONDARY SCHOOL, KALLYOT;IN KANHANGAD EDUCATIONAL DISTRICT). BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENT(S): --------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR, HIGHER SECONDARY DEPARTMENT, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695010. 3. THE DEPUTY DIRECTOR OF EDUCATION, DEPARTMENT OF EDUCATION, CIVIL STATION BUILDING, VIDYANAGAR.P.O.,KASARGODE-671123. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.22879/11 PETITIONER'S EXTS: EXT.P1: COPY OF PETITIONER'S APPOINTMENT ORDER DT.30.11.2000 IN THE RURAL DEVELOPMENT DEPARTMENT. EXT.P2: COPY OF ORDER DT.13.6.03 WHEREBY THE PETITIONER'S PROBATION WAS DECLARED AS COMPLETE. EXT.P3: COPY OF APPOINTMENT ORDER DT.13.5.04 AS LPSA IN THE EDUCATION DEPARTMENT. EXT.P4: COPY OF LEAVE SANCTIONING ORDER DT.19.11.05. EXT.P5: COPY OF LEAVE SANCTIONING ORDER DT.11.5.07. EXT.P6: COPY OF APPLICATION SUBMITTED ON BEHALF OF THE PETITIONER DT.31.10.08. EXT.P7: COPY OF COVERING LETTER DT.20.11.08 SENT BY THE AEO TO THE DEPUTY DIRECTOR OF EDUCATION. EXT.P8: COPY OF APPLICATION DT.8.1.09 SUBMITTED DIRECTLY TO THE GOVERNMENT BY THE HEADMASTER. EXT.P9: COPY OF PETITIONER'S APPLICATION TO THE POST OF HSST (PHYSICS) EXT.P10: COPY OF FINAL SENIORITY LIST WITH RESPECT TO LPSA/UPSA. EXT.P11: COPY OF APPOINTMENT ORDER DT.23.7.11. EXT.P12: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DT.30.7.11. EXT.P13: COPY OF REPRESENTATION(REMINDER LETTER) DT.6.8.11. TRUE COPY P.A. TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.22879 Of 2011 -------------------------------------------------- DATED THIS THE 31st DAY OF AUGUST, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to consider and pass orders on Exhibit P13 representation. 2. This is a case where the petitioner seeks orders from the Government regarding extension of probation. 3. The petitioner joined Government service in the year 2000 as a Lower Division Clerk in the Rural Development Department as per Exhibit P1 order. The same was regularised and his probation was declared as per Exhibit P2 proceedings. 4. The petitioner was appointed in 2004 as LPSA/UPSA (Malayalam) in the Education Department as per Exhibit P3 order. He was relieved from the Rural Development Department on 2.6.2004 and joined the Education Department on 3.6.2004. The service in the Education Department has been regularised as per order dated 25.10.2005. 5. The petitioner had to avail leave without allowance from 1.7.2005 to 29.3.2005 for acquiring B.Ed. The same was W.P.(C)No.22879/11 -2- granted as per Exhibit P4. He was relieved from the school on 13.6.2005 and he rejoined on 30.6.2006. Again he took leave for acquiring M.Ed. for the period from 22.8.2006 to 16.8.2007. It is pointed out of the 360 days, half pay leave was granted for 80 days and for the balance 280 days leave without allowance was granted as per Exhibit P5 order. He was relieved from the school on 21.8.2006 and rejoined on 17.8.2007. 6. The petitioner is seeking for a declaration of his probation as complete on 24.8.2008 after he completed 730 working days in service. Exhibit P6 is the application he had submitted through proper channel. But the 3rd respondent who had to forward the application returned it to the Headmaster stating that existing rules do not permit the Government to declare the petitioner's promotion as complete. But no orders have been served to the petitioner. According to the petitioner, a decision will have to be taken by the Government and not by the 3rd respondent. The Headmaster again forwarded the request directly to the Government as per Exhibit P8 and it is pointed out that no reply has been given so far. In the meantime, his probation has been declared as complete on 21.8.2009. W.P.(C)No.22879/11 -3- Presently, the petitioner has filed a reminder as per Exhibit P13 to the Government. 7. As submitted by the learned counsel for the petitioner, the Government itself has to pass orders in the matter. I am not finally pronouncing anything on the claims raised by the petitioner, as it is upto the Government to take a decision on Exhibit P8 and P13. 8. There will be a direction to the Government to take a decision on Exhibits P8 and the reminder forwarded by the petitioner as per Exhibit P13, after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn