A declared probation status enables eligibility for annual increments, regardless of prior failure to meet initial probation conditions.

JUDGMENT

The petitioner is a person, who was appointed as Senior Assistant under the 1st respondent Board by Ext.P2 letter of appointment dated 06.07.1996. His appointment was pursuant to Ext.P1 decision of the respondent Board to appoint 1086 persons belonging to Scheduled Caste/Scheduled Tribe category to various posts in the Kerala State Electricity Board. The petitioner would submit that, in Ext.P2 appointment letter, it was indicated that he would be a probationer in the post of Senior Assistant from the date of his joining duty in the post, and the period of probation would be six months on duty within a continuous period of one year. It was also made clear that the period of probation was liable to be extended if it was found necessary. Clause 5 of Ext.P2 clarified that the petitioner should pass the departmental/account tests for ministerial staff of Kerala State Electricity Board, to be conducted by the Kerala Public Service Commission, within the period of probation, failing which the declaration of satisfactory completion of probation would be postponed till he acquired the prescribed test qualification. Clause 6 of Ext.P2 makes it clear that the petitioner's appointment would be provisional during the period of probation and would be regularised only on satisfactory performance of duties assigned to him during the period of probation. The grievance of the petitioner in the writ petition is essentially that, while it was a fact that he did not pass the departmental test that was stipulated in Ext.P2 as a condition for the declaration of probation, the petitioner has been denied the annual increments, that are due to the employees of the Board, on the ground that his probation has not been declared. In the writ petition, the prayer is for a declaration that the petitioner is entitled to increments, and to direct the respondents to pay the same along with the arrears to the petitioner. The alternate prayer is for a direction to the respondents to consider the claim of the petitioner for increments as expeditiously as possible.

2. A statement has been filed on behalf of the 2nd respondent, wherein it is stated, relying on Rule 37B(b)(ii) of the Kerala Service Rules , that the petitioner is not entitled to any increment until his probation is declared and, inasmuch as the petitioner had not acquired the prescribed test qualification and thereby not completed the period of probation, he could not aspire for the increments that were granted to the employees on an annual basis. It is further stated in paragraph 8 of the said statement that the delay in completing probation will not effect the future increments that are payable to the petitioner since they would accrue on the normal incremental dates. In the reply affidavit filed by the petitioner to the said statement it is stated at paragraph 3 that, the probation of the petitioner was declared on 22.01.2010 and that the petitioner is now working as Senior Superintendent. Relying on the said averment, it is the contention of the learned counsel for the petitioner that the respondents should now be directed to take a decision on the issue of entitlement of the petitioner to annual increments, and the date from which the petitioner would be entitled to the said increments, with reference to the rules prevailing in the respondent Board.

3. I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondent Board.

4. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and taking note of the changed circumstances in the case namely, the submission of the petitioner that his probation has been declared on 22.01.2010, and that he is now working as Senior Superintendent under the respondent Board, the ends of justice would be met by directing the 2nd respondent to consider the case of the petitioner for the grant of increment. In particular, the 2nd respondent shall p