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Judgment
Sathish Ninan, J.
The 1st respondent Society issued Ext P1 notification dated 03.06.2017 inviting applications for appointment to the post of Attender in the physically challenged quota. The petitioner was selected and was appointed under Ext P3 order dated 17.07.2017. The grievance of the petitioner is that:
1) In spite of lapse of more than five years, his probation is not declared.
2) The entire salary payable to him is not being paid.
3) The pension contribution is not being remitted.
The Society appeared through counsel and has filed counter affidavit. According to the Society, the petitioner is unable/incapacitated to carry out the works attached to his office. It is purely on humanitarian grounds that his services are not terminated. Ext R2(i) request has been submitted by the Society before the Secretary, Department of Co-operation, seeking extension of probation. Orders are yet to be passed thereon. They also denied the allegation that the salary and pension contribution have not been paid.
Heard the learned counsel on both side and also the learned Government Pleader.
Rule 184 of the Co-operative Societies Rules deals with probation. In terms thereof, the maximum period of probation is two years. Thereafter, if found suitable, the appointment shall be regularised. If the probation is not found suitable, he is to be discharged from the services with prior approval of the Registrar and after hearing the employee.
As noticed above, the Society has submitted R2(i) request before the Secretary to Government, Department of Co-operation. Thereunder extension is sought by the Society. In the meantime, Ext P18 representation has been submitted by the petitioner before the 3rd respondent Joint Registrar voicing his grievances. It would be sufficient if the Joint Registrar considers and passes appropriate orders on Ext P18 representation after hearing the petitioner and the Society. Orders, if any, passed on R2(i) request shall also be taken into consideration while passing orders. The same shall be done within a period of three months from the date of receipt of a copy of this judgment.