IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 16141 of 2009(K) -------------------------- PETITIONER: --------------- MOHAMMEDUNNI.K,VOCATIONAL INSTRUCTOR IN ACCOUNTANCY AND AUDITING,GOVT.VOCATIONAL HIGHER SECONDARY SCHOOL,VATTENAD,KOOTTANAD,PALAKKAD DIST. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT: --------------- THE DIRECTOR OF VACATIONAL HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDINGS, SANTHI NAGAR,THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.16141 of 2009 -------------------------- Dated this the 10th December,2009 J U D G M E N T The petitioner herein is working as Vocational Instructor in Accountancy and Auditing in the Government Vocational Higher Secondary School, Vettanad in Palakkad district. Petitioner is an orthopaedically handicapped disabled person. 2. Petitioner was appointed as Lab Assistant as per Ext.P4 order. The said appointment was under Rule 9 (a) (i) of the K.S.& S.S.R and later in terms of the Government Order issued, whereby, physically handicapped persons like the petitioner were ordered to be regularised, the petitioner was regularlarised as per Ext.P5 order. The main grievance raised herein is about the delay in declaring his probation. 2. Petitioner's probation has been declared later in the post of Vocational Instructor in Accountancy and Auditing. 3. Learned Government Pleader submitted that the declaration of probation is on 2.6.2009. Petitioner had W.P ( C) No.16141 of 2009 2 approached this Court earlier by filing WPC No.19358 of 2007 and pursuant to the directions issued therein petitioner was promoted as Vocational Instructor in Accountancy and Auditing. Petitioner joined duty on 2.6.2008. 4. The next promotion is to the cadre of Vocational Teacher and going by the method of appointment under Rule 3 of the Special Rules, it is by transfer from Vocational Instructor in the Subordinate service of the Department. Complaint raised by the petitioner is that even though eight posts of Vocational Teacher are available, the promotions are not being ordered from the by transfer category. 5. Learned Government Pleader, on getting, instructions submitted that as his probation has been declared with effect from 2.6.2009, the petitioner cannot complain of any delay in getting the promotion. 6. Since it is submitted that the probation of the petitioner has been declared, there will be a direction to the respondent to consider the claim of the petitioner in W.P ( C) No.16141 of 2009 3 terms of the Special Rules in any of the existing vacancies and in accordance with the seniority and other eligibility conditions. The competent authority among the respondents will take a decision in the matter and communicate the same to the petitioner within period of six weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.16141 of 2009 4 W.P ( C) No.16141 of 2009 5