LAWS(KER)-2016-7-149

PRINCIPAL SECRETARY TO GOVERNMENT SCHEDULED CASTES/SCHEDULED TRIBES DEVELOPMENT (G) DEPARTMENT Vs. T.K. SURENDRAN

Decided On July 05, 2016
Principal Secretary To Government Scheduled Castes/Scheduled Tribes Development (G) Department Appellant
V/S
T.K. Surendran Respondents

JUDGEMENT

(1.) Writ Appeal No.1689/2014 preferred by the State Government and O.P.(CAT)No.71/2016 preferred by the Department of Customs (by virtue of their status as an employer of the person concerned) arise from a common cause of action, which springs up from the declaration of caste status of the concerned respondent, who got appointment and such other benefits including pension, projecting themselves as members of Scheduled Tribe (ST); which ultimately turned to be against them, by virtue of the statutory exercise pursued in terms of the relevant provisions of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of issue of Community Certificates Act, 1996 (1 of 1996).

(2.) The case has got a long history. For the purpose of convenience, W.A.No.1689/2014 filed by the State Government is taken as the lead case.

(3.) Heard Sri K.C.Vincent, the learned Senior Government Pleader appearing on behalf of the appellants, Ms.Krishna, appearing on behalf of the petitioners in OP(CAT) No.71/2016 and Mr.Sujin appearing on behalf of the concerned respondents in both the cases.