LALITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The present writ appeal filed under Sec. 5 of the Kerala High Court Act, 1958, assails the judgment dtd. 31/10/2018 passed in W.P(C)No.21205 of 2015, whereby the writ petition filed by one Mr.M.K.Raghuvaran/original petitioner has been dismissed. The appellants herein are the wife and children of Mr.M.K.Raghuvaran/ original petitioner. The appellants have been impleaded as additional petitioners in the writ petition being the legal heirs of Mr.M.K.Raghuvaran.

(2.) The brief facts of the case are that Mr.M.K.Raghuvaran breathed his last on 7/12/2015 during pendency of the writ petition. A caste certificate Ext.P3 dtd. 30/4/1965 was issued in favour of Mr.M.K.Raghuvaran under the relevant rules by the competent Authority. In the year 1970 Mr.M.K.Raghuvaran got appointment as Lower Division Clerk in the establishment of the 4th respondent after due verification of his caste from the competent Authority by Ext.P4 dtd. 18/6/1970. Thereafter Mr.M.K.Raghuvaran joined the 4th respondent as Lower Division Clerk on 25/6/1970. In 1989 Mr.M.K.Raghuvaran was promoted to the post of Divisional Store Keeper subject to verification of his caste status. Having some doubt, the District Collector, Ernakulam vide Ext.P5 dtd. 27/7/1990, recommended a report from the Kerala Institute of Research Training and Development Studies, Schedule Caste and Scheduled Tribes (KIRTADS) for confirming the caste status. The Caste Scrutiny Committee had issued a show cause notice to Mr.M.K.Raghuvaran and called for his explanation. The explanation was submitted on 2/6/2000 before the 3rd respondent. The 3rd respondent, after affording him an opportunity of being heard, rejected the explanation vide Ext.P6 dtd. 3/3/2001 and accepted the report of the Vigilance Officer of KIRTADS holding that he does not belong to Scheduled Tribe and recommended to initiate appropriate action. Ext.P6 dtd. 3/3/2001 was challenged in O.P.No.38663 of 2001. During pendency of the petition, the 1st respondent passed Ext.P7 order dtd. 13/11/2001 declaring that Mr.M.K.Raghuvaran does not belong to Scheduled Tribe and directed to recover the benefits from him and his family. This Court, by judgment dtd. 2/3/2006, allowed O.P.No.38663 of 2001 by setting aside Exts.P6 and P7 as the same were not in conformity with the procedure prescribed in the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (hereinafter referred to as 'Act, 1996) with liberty to proceed in accordance with law.

(3.) Mr.M.K.Raghuvaran retired from service on superannuation on 31/8/2002. However, his entire service benefits were not disbursed and granted only provisional pension. Mr.M.K.Raghuvaran was granted all promotions and other service benefits while he was in service. On 25/10/2006, the 3rd respondent issued Ext.P11 show cause notice to Mr.M.K.Raghuvaran to show cause why proceedings should not be taken against him under the Act, 1996 for obtaining a false caste certificate of Scheduled Tribe. Mr.M.K.Raghuvaran took an objection to the effect that KIRTADS report is not acceptable as the same is prepared without conducting any study as per the procedures laid down, therefore, the same is not sustainable. However, Mr.M.K.Raghuvaran did not receive any response from the 3rd respondent. Since the same is pending for a long period, he was under the bonafide belief that the proceedings were dropped considering the explanation submitted by him. In the afore circumstances, Mr.M.K.Raghuvaran filed W.P(C)No.21205 of 2015 seeking reliefs for disbursal of full pension and other retirement benefits including commutation of pay and gratuity.