IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 15082 of 2008(U) ------------------------------------- PETITIONER : ------------------ K.P.MATHEW, DEPUTY RANGER ( DEPOT OFFICER) GOVERNMENT TIMBER SALES DEPOT., THALAKKODU P.O., KOTHAMANGALAM-686 693. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS : ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN CAME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 15082 of 2008 -------------------------- Dated this the 26th June, 2008 J U D G M E N T By Exhibit-P2 order dated 29.4.2003, petitioner was promoted as Deputy Ranger. He completed one year of qualifying service, enabling his probation to be declared on 29.7.2004. But his probation has not been declared. It seems that reason for non-declaration of probation is the pendency of disciplinary proceedings initiated, as evidenced by Exhibit-P6 dated 19.9.2005 and Exhibit-P8 dated 29.11.2004. 2. Learned counsel for the petitioner points out that five other persons were placed under suspension along with petitioner under Exhibit-P6. That has been subjected to disciplinary proceedings. One of the juniors to the petitioner was promoted under Exhibit-P7 order, after his probation was declared. Three other Forest Guards who are also referred to in Exhibit-P6 were also promoted. W.P ( C) No. 15082 of 2008 2 3. The power to declare the probation of any person is as per Rule 18 of Part II of the KS.& S.S.R. If the conduct of probationer is satisfactory then his probation is to be declared. It is open to the Government, nevertheless, to extend the period of probation in terms of Rule 21 of Part II of the KS.& S.S.R. But it is necessary that order should be passed either declaring probation or extending the period of probation. Undue delay in taking a decision in the matter of declaration/extension of probation may not be justified. In the result, the writ petition is disposed of directing the 1st respondent to pass orders as regards the declaration/extension of the probation of the petitioner as the case may be, within a period of three weeks from the date of receipt of a copy of this judgment, in accordance with law. It is made clear that Exhibit-P5 shall not stand in the way of decision being taken in this regard, as directed above, in accordance with law. (V.GIRI, JUDGE) ma W.P ( C) No. 15082 of 2008 3 W.P ( C) No. 15082 of 2008 4