IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34228 of 2008(Y) -------------------------- PETITIONER(S): --------------- P.K.MAHEEJA,(P.D.TEACHER, GMUPS, MALAPPURAM) AGED 30 YEARS, W/O.JAIPRASAD, 'POONILAYAM', OLAVANNA.P.O, CALICUT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY. SHRI.A.J.VARGHESE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) No.34228 OF 2008 ------------------------------------- Dated this the 20th day of November 2008 J U D G M E N T The petitioner is presently working as HSA (Physical Science) at the Government Higher Secondary School, Karayamparambu. It is stated that on account of availing Leave without Allowance and Maternity Leave, etc. the petitioner is short of nine days attendance for declaring probation. In the meanwhile, notification has been issued inviting applications for the post of HSST under the by- transfer category. Since petitioner's probation has not been declared, as at present, the petitioner submits that she is ineligible as per the eligibility criteria set out in the notification. In these circumstances, she has filed Ext.P7 before the 1st respondent praying for declaration of probation, by invoking the powers under Rule 39 of the KS & SSR by reckoning the leave period. W.P.(C) No. 34228/2008 -2- 2. In this writ petition, the petitioner seeks a direction to the 1st respondent to consider Ext.P7 and pass orders thereon. Since the power available under Rule 39 is to the Government, it is only proper that the 1st respondent should consider Ext.P7. 3. Therefore, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P7 as expeditiously as possible, at any rate, within 8 weeks of production of a copy of this judgment, along with a copy of this writ petition. It is directed that before final orders are passed, the petitioner will be given an opportunity of being heard. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg