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2026 Supreme(Online)(Ker) 5247

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
VINY VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 37012 OF 2023



Advocates:
For the Appellants/Petitioners: P.M. Pareeth, Najeeb P.S, Najah Ebrahim V.P
For the Respondents: Vimal Vijay, Ajith Thomas, Shylaja S.L

Probation declaration is required when government directives exempt certain qualification requirements during appointment.

Headnote:Statute Analysis: The court examined the Government Order Ext.P2(a) dated 16.07.2018 regarding the 45-hour computer course exemption. Facts of the Case: The petitioner challenged the denial of probation declaration based on an unpassed computer course requirement.

Findings of Court:
The court deemed the failure to declare probation as unjust under the Government Order's provisions.

Issues: The primary question was whether the probation of the petitioner should be declared considering the exemption.

Ratio Decidendi: The court reasoned that since the petitioner was appointed when the exemption was in place, her probation should be officially recognized.

Result: The writ petition was ordered directing the declaration of probation as completed and addressing salary fixation and arrears within eight weeks.

J U D G M E N T

The petitioner was appointed as U.P.S.T w.e.f. Form

01.06.2018 in the school managed by the 3rd respondent herein. However, it is the complaint of the petitioner that her probation was not declared essentially on account of the allegation that she had not passed “45 hour Computer Course”. It is in such circumstances that the petitioner has filed the captioned writ petition, placing reliance on the Government Order at Ext.P2(a) seeking the following reliefs:

i) A direction to the third respondent to declare satisfactory completion of probation of the petiitoner w.e.f. 01.06.2019 forthwith so as to enable her to get her increments authorised without any further delay.

ii) A direction to the respondent 2 and 4 to fix the pay of the petitioner as per 2014 & 2019 pay revisions w.e.f. 01.06.2018 onwards, authorise increments, authenticate and verify the service from 01.06.2018 onwards in the service book of the petitioner forthwith.

iii) A direction to the respondents 2 and 4 to pay arrears of salary of the petitioner from 06.02.2021 to 31.10.2022 and from 01.12.2022 to 31.01.2023 forthwith.

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