N. SHAMSUL HUNDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioners are before this Court with the complaint that their probation had not been declared by the first respondent, although they have completed the required period of probation, as contemplated under the Special Rules for the Kerala Forest Service, in short 'the Special Rules', and also as per the relevant rules relating to the declaration of probation under the Kerala State and Subordinate Service Rules, in short 'the KS and SSR.' Hence pray that the first respondent may be directed to declare their probation, and issue orders granting consequential reliefs.

(2.) The question that arise for consideration in this writ petition is whether an employee who had, though successfully completed the prescribed or extended period of probation, or the appointed post, but not having been declared of probation, and continuing in service with higher grade conferred, could later be denied of further promotion, on the employee not having duly completed the probation, and also whether R.20A of the KS and SSR would come to the aid of the Government in not declaring the probation of an employee.

(3.) The brief facts required for the disposal of the writ petition are that, the writ petitioners have been appointed as Forest Range Officer in the Forest Department, by the Government, as per the order, dated 19/11/1976, of the Chief Conservator of Forests (Development). They had joined the service on 19/11/1976 itself. After the practical training, they were appointed as Probationary Ranger, under the direct recruitment vacancies. They have successfully completed their probation, and had been declared as having satisfactorily completed the probation, as per the proceedings, dated 30/09/1984, in respect of the first writ petitioner, and on 20/04/1984, in respect of the second writ petitioner. Accordingly, the writ petitioners were confirmed in the cadre of Forest Range Officer, with effect from 19/11/1976, the date of entry into the service.