RUGMINI M Vs. DIRECTOR KIRTADS

JUDGEMENT

(1.) The decision under the provisions of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, that the appellant is not a member of a scheduled caste (Thandan community) is under challenge. Action to terminate her service in public employment is also recommended as per the impugned order. Apart from eloquently challenging the findings on facts, it was argued on behalf of the appellant that the binding nature of the decision contained in O.S. No. 92 of 1991 of the Court of the Munsiff, Alathur, rendered with the State of Kerala and others on the array as defendants, has been unreasonably ignored while passing the impugned order, it is also pointed out that (he effect of the judgment in O.P. No. 5603 of 1991 has also been overreached in issuing the impugned decision.

(2.) Per contra, the learned Special Government Pleader argued that the findings rendered by the Civil Court are without jurisdiction since that suit was not maintainable on the face of the law laid by the Apex Court that such suits are impliedly barred in terms of the special provisions that govern the resolution of disputes relating to inclusion or exclusion of the benefits due under the Presidential Orders. Copious reference was also made to the materials on record to contend that the findings in the impugned order are based on materials and do not warrant interference.

(3.) At the outset, it needs to be stated that W.A. No. 1983 of 1997 carried by State of Kerala against the judgment in O.P. No. 5603 of 1991, was decided by the Division Bench clarifying that the Bench was not interdicting any fresh action on the basis of the Act, if the appellant's family had got any illegal benefits; and that, if her family has any grievance, it is for them to approach the statutory authorities. So much so, the decisions rendered in that original petition and writ appeal do not contain any finding which will affect the right of parties in this appeal.