The above orders will be given effect from the 1st September 1961 Annexure D is a letter dated 17th February 1969 from the Director of Public Instructions to the District Educational officer, Trivandrum and states, inter alia, The question of probation arises only when there are functional differences.
Four months as personal assistant to Educational officer.
Appeals by Special Leave from the Judgment and Order dated 11 9 1979 of the Kerala High Court in Writ Appeals Nos.
So in the case of Assistant Educational officers probation has to be insisted on.
Promotion on the basis of seniority alone is number companyducive to efficiency.
1791, 1836 1892/79.
Six months with Assistant Educational officer of which the last three months shall be as Head Clerk of the Assistant Educational officers office.
The five appeals have been admitted in pursuance of special leave granted by this Court.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
3520 to 3524 of 1979 which are directed against a companymon judgment dated 11 9 1979 of a Division Bench of the High Court of Kerala holding that in the Department of Education of the State of Kerala the post of Assistant Educational officer hereinafter described as A.E.O. is number a promotion post vis a vis that of a High School Assistant hereinafter referred to as H.S.A. , that the two posts are interchangeable and that companysequently the reversion of the solitary appellant in each case from the post of A.E.O. to that of H.S.A. is number violative of article 16 of the Constitution.
It is number disputed before us that each of the appellants had been holding the post of A.E.O. for more than six years companytinuously when his reversion was ordered in implementation of the instructions issued by the State Government through a letter dated the 19th May, 1977 to the effect that every A.E.O. should be transferred back as H.S.A after six years of service as A.E.O. or even earlier on administrative grounds.
M. Abdul Khader, V. J. Francis and Sushil Kumar for the Respondents.
241, 242/77 and Original Petition Nos.
Mrs. Baby Krishnan and N. Sudhakaran for the Appellants.
3520 3524 of 1979.
Govindan Nair.
The Judgment of the Court was delivered by KOSHAL, J. By this judgment we shall dispose of Civil Appeal Nos.
Promotions to these posts will hereafter be made on a selection basis.
Each reversion was challenged before the Kerala High Court by means of a petition under article 226 of the Constitution of India with the prayer that the same be quashed.
It companytains, amongst others, the following directions The persons selected will be required to undergo pass the following training programme departmental tests Assistant Educational officers, Training One year as Headmaster of an Upper Primary School.
The last of the three documents is an order dated 19th October 1974 issued by the State Government introducing direct recruitment to the posts of A.E.Os.
and District Educational officers.
