Disposed

Sunil P.K. v. the Tahsildar

Kerala HC12 Oct 2015WP(C)/19592/2006

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition concerning the issuance of a creamy layer certificate for a petitioning Parava Convert Christian. The court directed the authorities to evaluate the petitioner's income at the relevant time to determine eligibility for communal benefits and reserved appointments made based on interim orders.

What did the court decide?

Directions to re-evaluate petitioner's eligibility for creamy layer status and benefits if eligible at the relevant time or appointed based on interim non-creamy layer certificate.

Sunil P.K. Vs the Tahsildar — Pension and Retirement Benefits | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937

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WP(C).No. 19592 of 2006 (G)

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PETITIONER:

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SUNIL P.K. S/O.KOSTHENTHY, SEEMA SADANAM, PERAYAM, MULAVANA KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL

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RESPONDENT(S): --------------

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THE TAHSILDAR, TALUK OFFICE, KOLLAM.

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THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTAM PALACE JUNCTION THIRUVANANTHAPURAM.

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THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PATHANAMTHITTA. R2 BY ADV. SRI.P.C.SASIDHARAN R BY GOVERNMENT PLEADER SMT.LILLY LESLIE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19592 of 2006 (G)

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PETITIONER’S EXHIBITS

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EXT.P1: TRUE COPY OF THE FIRST PAGE OF SSLC BOOK OF THE PETITIONER. EXT.P2: TRUE COPY OF THE COMMUNICATION NO.PTA.6(1)437/2005 DATED 15.7.2006 ISSUED BY THE 3RD RESPONDENT.

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EXT.P3: TRUE COPY OF THE CERTIFICATE DT.24.7.2006 ISSUED BY THE PARISH PRIEST.

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EXT.P4: TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DT.12.6.2000.

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EXT.P5: TRUE COPY OF THE INTERIM ORDER ISSUED IN W.P(C) NO.8327/06 DT.21.3.2006.

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RESPONDENTS’ EXHIBITS

NIL.

/true copy/

P.S to Judge

P.V.ASHA, J.

W.P(c) No.19592 of 2006-G

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Dated this the 12^th day of October, 2015

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JUDGMENT

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The Writ Petition was filed praying for a direction to the respondent Tahsildar to issue a Creamy Layer Certificate to the petitioner, claiming that he belongs to Christian (Parava Convert Christian). This Court had passed an interim order on 26.07.2006, directing the 1^st respondent to issue a community certificate to the petitioner provisionally, showing his community as Christian (Parava) and the question whether he comes or does not come within the parameters of `Creamy Layer’, will be subject to the final orders in the Writ Petition. It was also made clear that the petitioner will lose all the benefits obtained by him in case the Writ Petition is decided against him.

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The learned counsel on either side expressed their inability to get any instructions as to the present position. Therefore the Writ Petition is disposed of with the following directions:

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(i) In case the petitioner was eligible for issuance of non creamy layer certificate in accordance with the income at

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W.P(c) No.19592 of 2006-G : 2 :

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the relevant time, the petitioner shall be granted the benefits available to OX community;

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(ii) In case the petitioner was advised and appointed on the basis of the Non Creamy Layer Certificate issued on the basis of the interim order, and in case he was actually eligible for such a Non Creamy Layer Certificate at the relevant time, the petitioner will be entitled to all the benefits.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

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/true copy/

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P.S to Judge

Sunil P.K. v. the Tahsildar

Case brief

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Sunil P.K. v. the Tahsildar

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