IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 5168 of 2008(M) ------------------------- PETITIONER: ------------ B. MAHESH, SECTION OFFICER DIRECTDORATE OF SPORTS AND YOUTH AFFAIRS (ON DEPUTATION), JIMMY GEORGE STADIUM VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT GENERAL ADMINISTRATION (SERVICE 'A') DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. P. SHERLY, SECTION OFFICER GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEBJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 5168 of 2008 -------------------------- Dated this the 13th February, 2008 J U D G M E N T Essentially the petitioner is aggrieved by Exhibit P3 Memo issued by the 1st respondent inviting objections, if any, from the petitioner to a provisional decision stated to have been taken by the 1st respondent to promote the 2nd respondent notionally as Assistant Grade I with effect from 1.9.1995, Senior Grade Assistant with effect from 31.1.2001 and Selection Grade Assistant with effect from 12.10.2004 apparently, on the date on which his junior was promoted to the aforementioned category. Petitioner apprehends that Exhibit P3 though styled as a show cause essentially reflects a decision already taken by the 1st respondent . Therefore, the hearing may be an empty formality, it is contended. I heard the learned Government Pleader also. He submits that the petitioner's objections will be taken note of. In the result, this writ petition is disposed of directing the 1st respondent to consider the petitioner's objections to Exhibit P3 treating the same as a show cause notice. It is made clear that the objections raised by the petitioner shall be considered W.P ( C) No. 5168 of 2008 2 and a reasoned decision shall be taken. The 1st respondent need not construe Exhibit P3 as a final decision in that regard. Subject to these observations, the writ petition is disposed of. (V.GIRI, JUDGE) ma W.P ( C) No. 5168 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007