STATE OF KERALA Vs. V P SAJITHADEVI

JUDGEMENT

(1.) Heard learned Government Pleader appearing for the appellants and also learned counsel appearing for the respondent. The question raised is whether the learned Single Judge was justified in holding that a teacher after completion of probation from one District on transfer to another District need not undergo another period of probation in service. After hearing the learned Government Pleader and learned counsel for the respondent, what we notice is that the respondent was transferred to another District only after completion of probation in the District from which she was transferred. Learned Government Pleader referred to Annexure I notification relied on by the learned Single Judge in paragraph 5 of the judgment and contended that requirement of probation is not dispensed with under paragraph 4 of the notification. However, learned counsel for the respondent brought to our notice the provision in the KS & SSR relied on by the learned Single Judge in paragraph 7, where a transferred person after completion of probation will join as junior most in the service. In other words, there is no requirement of transferred Teacher to undergo repeated probation in every District to which he is transferred. The proposition canvassed by the Appellants appears to us to be absurd because if a Teacher gets transferred every two years from one District to another, he will probably retire as a probationer after serving every District in the State.