RAMACHANDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners, three in number, at the time when the original Petition was filed were Upper Division Clerks. THE only point raised before me by their learned counsel is that Exts. P-6, P-7 and P-8 orders produced along with C. M. P. No. 13990 of 1978 seeking an amendment of the original Petition are incompetent insofar as the said orders, as averred in the affidavit in support of the said petition, amount to conferring undue benefits upon respondents 4 onwards and the first respondent, State is not competent to pass the said orders.

(2.) BY Exts. P-6 and P-8 in relaxation of R. 21 of the kerala State and Subordinate Service Rules, 1958, the probation period of respondents Nos. 4 and 8 respectively in the cadre of Assistant Labour Officer, grade II was extended till "the second day following the last day of the whole examination in which they completed the Account Test". BY Ext P-7 order likewise the Government extended the probation of the 11th respondent as assistant Labour Officer, Grade H, till the second day following the last day of the whole examination in which he completed the Account Test in 1977, by ext. P-8 order the Government in relaxation of R. 21 earlier referred to extended the period of probation of the persons mentioned therein in cadre of assistant Labour Officer Grade II upto the dates noted against each name. The persons mentioned therein are respondents Nos. 6, 7,10,13 and 14. These orders are impugned on the ground that the orders retrospectively extended the period of probation of the persons mentioned in each of the said orders.

(3.) SO far as respondents 6, 7,10, and 13 are concerned, it is submitted on their behalf that they acquired the Account Test qualification within the total period of three years mentioned in the rule. It is also averred in the counter affidavit on behalf of the State that it has been declared that these respondents also have satisfactorily completed their probation; so far as respondents 6 and 7 are concerned such declaration was on 21st April 1974; so far as the 10th respondent is concerned, on 27th April 1974; and so far as respondents 13 and 14 are concerned, on 18th April 1974.