USMAN CHALIYADAN Vs. CHIEF SECRETARY

JUDGEMENT

(1.) The issue which arises in this case is whether the provisional service which was rendered by the writ petitioner, who is presently working as Junior Health Inspector in Municipal common service in other departments prior to 1.10.1994, should be reckoned with for the purpose of grade promotions and increments. Ext.P1 dated 4.11.1986 is the appointment order by which the petitioner was provisionally appointed as a Junior Health Inspector in the Health service Department. Ext.P2 will show that the petitioner's period of provisional appointment was being extended from time to time and that the petitioner was continued till regular PSC hands joined for duty. Ext.P3 dated 12.3.1991 is the appointment order by which the petitioner was given regular appointment on the basis of advice by the PSC. The petitioner claims that he is entitled for reckoning the entire provisional service which he has rendered prior to his regular appointment under Ext.P3 for grade Promotions and Increments. He refers to G.O.(P) No.459/86/Fin. Dated 1.7.1986 whereby it is ordered that provisional service on regularisation or followed by regular appointment with or without break in the same category will be treated as officiating service ab initio for the limited purpose of granting of increments. He points out that in G.O.(P) No.379/76/Fin. dated 14.12.1976 the Government has imposed three conditions. The 3rd condition is as follows:

(2.) The Petitioner's grievance is that the Government has not so far taken any decision on the recommendation in Exts.P7 and P8 to grant higher grades and increments to the petitioner reckoning his provisional service in the Health service Department.

(3.) I have heard the submissions of Sri. T.Ravikumar the learned counsel for the petitioner and Sri.K.J.Mohammed Anzar the learned Government Pleader for the respondents. It appears to me having regard to the Government Orders in G.O.(P) No.459/86/Fin. dated 17.1986, G.O.(P) No.540/94/Fin. dated 13.9.1994 and Government Circular No.3/95/(55) Fin. dated 1.3.1995 that the petitioner whose provisional service prior to 1.10.1994 was followed by appointment in regular service with effect from 23.3.1991 has got a fairly strong case to have such provisional service reckoned with for the purpose of grade promotions and increments. I did not propose to decide the issue finally. The petitioner is permitted to submit a proper representation before the Government voicing his grievance incorporating a copy of this judgment and copies of the various G.O.(P)s relied on by the petitioner. If the respondents receives such a representation within one month of the petitioner receiving a copy of this judgment the Government will hear the petitioner and pass just and appropriate order on that representation in the light of the observations herein above within three months of the Government receiving the same. The Original Petition is disposed of as above.