SREE SABU Vs. KERALA STATE HOUSING BOARD

JUDGEMENT

(1.) The petitioner, an employee of the Kerala State Housing Board (hereinafter referred to as the "Board" for short) has filed this Writ Petition challenging Ext. P2 letter dated 16.12.2011 sent by the Secretary to Government, Housing Department, to the Secretary of the Board, Ext. P3 order dated 22.3.2012 issued by the Board pursuant to Ext. P2 letter and Ext. P4 memo dated 2.4.2012 issued by the Board calling upon him to show cause why his probation in the category of Accounts Officer should not be terminated and he should not be discharged from service. The brief facts of the case are as follows: The petitioner was advised for appointment as Accounts Officer/Section Officer in the Board by the Kerala Public Service Commission as per advice memo dated 14.9.1995. He was appointed as Accounts Officer/Section Officer in the Board by order dated 20.10.1995 and he joined duty on 17.11.1995. The petitioner's appointment was subject to the condition that he should undergo training for a period of one year from the date of joining duty in the Board and the further condition that after successful completion of training, he will be on probation for a period of two years on duty within a continuous period of three years. He completed his training and commenced his probation on 17.11.1996. Though his appointment in the post of Accounts Officer with effect from 20.10.1995 (the date of the appointment order) was regularized by order dated 26.8.2000, his probation in the category of Accounts Officer was not declared for the reason that he had not passed the prescribed departmental tests. The Board did not however, terminate his probation or extend the probation as stipulated in Rules 19, 20 and 21 of Part II of the Kerala State and Subordinate Services Rules, 1958, which applies to employees of the Board.

(2.) As per R.5 of the Kerala State Housing Board Regulations for Special Recruitment from among members of the Scheduled Castes and Scheduled Tribes to the posts of Executive Engineer, Assistant Executive Engineer and Accounts Officer/Senior Superintendent in the establishment of the Kerala State Housing Board, 1991, (hereinafter referred to as the "rules" for short) every person appointed as Accounts Officer in the establishment of the Board has to pass the Account Test (Higher), Kerala P.W.D. Test and the Test on Kerala State Housing Board Act and Rules conducted by the Kerala Public Service Commission, during the period of probation. The petitioner appeared for and passed these tests only by 14.7.2009. The Board that met on 16.2.201 land 15.3.2011 decided to extend the probation of the petitioner from 17.11.1996 to 14.7.2009 and to declare his probation with effect from 14.7.2009, subject to the approval of the Government. The Secretary of the Board thereupon issued Ext. P1 proceedings dated 23.3.2011 declaring the probation of the petitioner with effect from 14.7.2009 subject to the approval of the Government. The Secretary of the Board thereafter moved the Government for such approval. The Government in turn sent Ext. P2 letter dated 16.12.2011 stating that the order passed by the Board extending and declaring the probation of the petitioner with effect from 14.7.2009 is irregular and without authority.

(3.) Upon receipt of Ext. P4 memo, the petitioner submitted Ext. P5 reply dated 18.4.2012 raising various contentions including the contention that he was never found unsuitable for full membership, that he was not discharged from service during the original period of probation or during the extended period and therefore, merely for the reason that there was a technical fault on the part of the Board in not extending his probation for a period of one year from the date of completion of two years on duty and in moving the Government for further extension of probation after the said period, he cannot be visited with the consequences thereof. He requested the Secretary of the Board to recall Ext. P4 memo. He had in the meanwhile filed the instant Writ Petition challenging Exts. P2, P3 and P4.