P. N. NAMBOODIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as Assistant Public Prosecutor (A.P.P.), Grade II in June, 1968. Respondents (3) to (5) were appointed as Assistant Public Prosecutor, Grade II only later. Going by the dates of appointment, the petitioner was se nior to them. But respondents (4) and (5) were promoted as Assistant Public Prosecutor, Grade I in December, 1975 overlooking the petitioner's seniority.

(2.) Under the Special Rules governing Assistant Public Prosecutors, a person appointed as Assistant Public Prosecutor. Grade II has to be on probation for two years within a continuous period of three years; and to satisfactorily complete probation, he has to pass the account test also. The petitioner did not acquire test qualification in time. He sat for the test held on 26/9/1975 and came out successful when the results were published on 6/1/1976. Satisfactory completion of probation has been declared in the petitioner's case only from 6/1/1976; and his grievance is that he should be deemed to have completed probation with effect from 27/9/1975 i.e. the day following the date on which he sat for the test. Had this been done, it is urged, respondents (4) and (5) could not have stolen a march over him.

(3.) The main question therefore is whether the petitioner could be regarded as having completed his probation by September, 1975.