DEVADASAN Vs. K S E B

JUDGEMENT

(1.) Petitioner was promoted as Assistant Engineer in the service of the Kerala State Electricity Board on 8.3.1994. Admittedly probation is prescribed for the post. That is for a period of one year within a continuous period of duty of two years. That continuous period of duty expired on 8.3.1996. It is the admitted case before me that the petitioner did not complete probation in the category of Assistant Engineer within that period; because he was on leave without allowance for employment abroad as sanctioned in Ext. P2. He came back on 29.2.2000 and joined duty, as Assistant Engineer. Later, petitioner's juniors in the category of Assistant Engineer who had been so promoted after 8.3.94, were again promoted further as Assistant Engineer after 29.2.2000, when the petitioner was only a probationer in the category of Assistant Engineer. Petitioner submits that inspite of the non completion of the period of probation so far as he is concerned, he shall be promoted in preference to such juniors who were promoted as Assistant Executive Engineers after 29.2.2000. Petitioner places reliance upon the first proviso to R.28(a) of the General Rules in the KS & SS Rules to substantiate the claim for such promotion. The said proviso reads as follows: