IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 3799 of 2009(B) ------------------------- PETITIONER: --------------- M.C.SANALKUMAR, PRINTER, IIND GRADE, GOVERNMENT PRESS, SHORNUR, PALAKKAD.RESIDING AT SUDARSANA, EAST VILLAGE, KOLLAMCODE, PALAKKAD. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: --------------- 1. THE DIRECTOR OF PRINTING, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT, GOVERNMENT PRESS, SHORNUR. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.3799 of 2009 -------------------------- Dated this the 16th March,2009 J U D G M E N T The petitioner is aggrieved by Exhibit-P6 show cause notice whereby the petitioner is sought to be removed from service for non-declaration of probation even after completion of 8 years of service. 2. Petitioner was initially appointed to the post of Lascar Gr.II with effect from 11.8.1997. Again, by letter dated 2.5.2000 issued by the 1st respondent he was given appointment by transfer to the post of Printer Gr.II and joined duty with effect from 6.3.2000. Petitioner had to complete the probation in two years within a period of three years or the extended period 3. According to the petitioner, he was on medical leave for some time due to the illness of the petitioner and his mother. Leave applications were supported by medical certificates and were sanctioned by the 2nd respondent on different occasions. Exhibit-P1 will show W.P ( C) No.3799 of 2009 2 that the period of probation was proposed to be extended as directed by the 1st respondent. By Exhibit-P2 the proforma, service book and other details were forwarded to the 1st respondent for the purpose of declaration of his probation. By Exhibits P3 and P4, further details were forwarded and by Exhibit-P5, the 2nd respondent again requested the 1st respondent to declare the successful completion of probation of the petitioner. While these are pending for consideration, Exhibit-P6 show cause notice has been issued. He has filed a detailed explanation as per Exhibit- P7 to Exhibit-P6 in the matter. 4. Heard learned Government Pleader, who submitted that so far no final decision has been taken and action will be taken in accordance with the rules in the matter. 5. Learned counsel for the petitioner submitted that petitioner may be given an opportunity for personal hearing before a decision is taken. 6. In the result, the writ petition is disposed of directing the 1st respondent to give an opportunity for W.P ( C) No.3799 of 2009 3 personal hearing to the petitioner before any decision is taken on Exhibit-P6 and the decision thereon will be communicated duly to the petitioner. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.3799 of 2009 4 W.P ( C) No.3799 of 2009 5