Non-declaration of probation beyond the maximum period results in deemed confirmation; subsequent disciplinary actions cannot negate this.

J U D G M E N T

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 K.S & S.S.R'. 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, on 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 Rule 20A of the K.S. & S.S.R 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 30.9.1984, in respect of the first writ petitioner, and on 20.4.1984, 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.

4. The names of the writ petitioners were thereafter included in the select list of officers of Forest Department for promotion against the vacancies of Assistant Conservator of Forests, as prepared by the Departmental Promotion Committee (Higher), which met on 3.4.1995. The first respondent has approved the same and the said list was published in the Kerala Gazette Extra Ordinary, dated 24.5.1995, as could be seen from Ext.P2. The names of the writ petitioners figure as Sl.Nos.1 and 2 under the select list, for the year

1994-95.

5. As per the Government Order, dated 21.8.1995, the writ petitioners were appointed by transfer to the post of Assistant Conservator of Forests, as could be seen from Ext.P3, Serial Nos. 1 and 2 therein being the writ petitioners. They have joined the post on 28.8.1995. Therefore, under Rule 6(b)(ii) of the Special Rules, the Assistant Conservator shall, if recruited by transfer, be on probation for a total period of two years on duty within a continuous period of three years.

6. Though the probation of the writ petitioners had not been declared, as required under Rule 6(b)(ii) of the Special Rules, the writ petitioners continued to work in the post of Assistant Conservator of Forests. Under Ext.P4 order, dated 9.1.2003, they had been granted the senior grade in the post of Assistant Conservator of Forests. Ext.P4 further reveal that the Assistant Conservators of Forests, under Sl.Nos.42 to 87 therein, were granted Senior Grade on different dates, the first writ petitioner, with effect from 1.7.2001 and the second writ petitioner, with effect from 1.10.2001, (Sl.Nos.84 and 85).

Thus, although the probation, as required under the Special Rules, is for a period of two years, in a continuous period of three years, without declaring the probation and passing any orders, they were granted senior grade in Assistant Conservators of Forest.

7. The Special Rules only state that the Assistant Conservator, if recruited by transfer, shall be on probation, for a period of tw