IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 29701 of 2008(J) ------------------------------------- PETITIONER(S): ---------------------- K.T. JAYANDAN, LAYAM HOUSE, PERAMBRA P.O KOZHIKODE DISTRICT, PIN 673 525 DISTRICT SUPPLY OFFICER, KOZHIKODE. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, FOOD & CIVIL SUPPLIES DEPARTMENT, TIRUVANANTHAPURAM. 2. DIRECTOR OF CIVIL SUPPLIES, THIRUVANATHAPURAM. 3. DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), GOVERNMENT SECRETARIAT, THIRUVNANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ===================== W.P(C).No.29701 of 2008 ===================== Dated this the 31st day of October, 2008. JUDGMENT The petitioner is presently working as District Supply Officer in the Food and Civil Supplies Department. He was promoted as District Supply Officer on 16.10.2006. As per the Special Rules, every person appointed as District Supply Officer shall be on probation for a period of one year on duty with a continuous period of two years from the date of appointment. The petitioner's grievance is that though he has completed the prescribed period of probation, his probation in the category of District Supply Officer has not so far been declared and that by Ext.P3 letter dated 21.4.2008, the Government have informed the Director of Civil Supplies that as a vigilance enquiry against the petitioner has been ordered, the declaration of his probation has been deferred. The petitioner contends that he is due to retire from service on 30.11.2008 on attaining the age of superannuation and that if the declaration of his probation in the category of District Supply Officer is deferred or delayed indefinitely, his chances of promotion to the next higher post of Deputy Controller of Rationing will be jeopardized. The petitioner contends that provisions of Kerala State and Subordinate Services Rules, 1958, hereinafter referred to as the “Rules” for short, do not empower the appointing authority to defer declaration of probation indefinitely and WP(C) 29701/08 -: 2 :- that the appointing authority can only either terminate the probation or extend the period of probation. In this Writ Petition, the petitioner prays for the following reliefs: “(a) call for records leading to Ext.P3 and quash the same by issue a writ of certiorari or other writ order or direction. (b) issue a writ of mandamus or other writ order or direction compelling the 1st respondent to declare probation of petitioner with retrospective effect. ( c) issue a writ of mandamus or other writ order or direction compelling the 3rd respondent to convene Ad-hoc DPC and to consider the claim of petitioner for promotion in the cadre of Deputy Controller of Rationing and pass orders thereunder.” 2. I have heard Sri.S.Sreekumar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. Rule 19 of Part II of the Rules empowers the appointing authority to suspend the probation of the probationer and discharge him for want of vacancy at any time before the expiry of the prescribed period of probation or extended period of probation as the case may be. Going by Rules, the appointing authority had to either take a decision extending the probation or declaring the probation. The Rules do not empower the authority to indefinitely postpone the declaration of the probation. Therefore,, the respondents are bound to consider the question whether the petitioner is entitled to have his probation declared in the category of District Supply Officer. WP(C) 29701/08 -: 3 :- 3. The Writ Petition is accordinlgy disposed of with a direction to the competent authority among the respondents, to consider the question whether having regard to the work and conduct of the petitioner, he is entitled to have his probation in the category of District Supply Officer declared or extended as the case may be. Orders in that regard shall be passed within two weeks from the date of receipt of a copy of this judgment. The petitioner's contentions on the merits are left open. P.N.Ravindran, Judge. ess 31/10