Dismissed

Marine Products Exports Development Authority v. K.Prabhavathy Murugesan

Kerala HC1 Feb 2016WA/1595/2015

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an appeal challenging a Single Judge's order directing the appellant to pay pension benefits to a retired government employee. Since her caste certificate was subsequently cancelled by the Scrutiny Committee and a challenge to that cancellation is pending, the Court set aside the earlier direction to pay benefits.

What did the court decide?

Judgment of Single Judge directing payment of benefits set aside; matter left open for further decision in pending writ petition;

Marine Products Exports Development Authority Vs… — Caste Atrocities | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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WA.No. 1595 of 2015 () IN WP(C).31139/2010

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AGAINST THE JUDGMENT IN WP(C) 31139/2010 of HIGH COURT OF KERALA DATED 24-02-2015

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APPELLANT/RESPONDENT IN WP(C):

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MARINE PRODUCTS EXPORTS DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, M.P.E.D.A HOUSE PANAMPILLY NAGAR, KOCHI-682036.

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BY ADVS.SRI.O.V.RADHAKRISHNAN (SR.) SMT. K.RADHAMANI AMMA SRI. ANTONY MUKKATH

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RESPONDENT)/PETITIONER IN THE WP(C):

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K.PRABHAVATHY MURUGESAN W/O.SRI.K.MURUGESAN, RESIDING AT 'MAYURI' CHANGAMPUZHA NAGAR, KOCHI-682033.

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*ADDL. RESPONDENT SUO MOTU IMPLEADED

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ADDL.R2 SCRUTINY COMMITTEE FOR VERIFICATION OF SCHEDULED CASTES AND SCHEDULED TRIBES CLAIM, SC/ST DEVEOPMENT (G) DEPARTMENT GOVT. OF KERALA, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN.

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*ADDL. RESPONDENT NO.2 IS IMPLEADED SUO MOTU AS PER ORDER DATED 31.7.2015.

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R1 BY ADV. SRI.DEVAN RAMACHANDRAN R1 BY ADV. SRI.K.M.ANEESH R1 BY ADV. SRI.K.SANTHOSH KUMAR (KALIYANAM) R1 BY ADV. SRI.ADARSH KUMAR R1 BY ADV. SRI.BIJU VARGHESE ABRAHAM R1 BY ADV. SRI.DILEEP CHANDRAN R1 BY ADV. SRI.V.K.PEERMOHAMED KHAN R2 BY ADV. SPECIAL GOVT PLEADER P.K. SANTHAMMA

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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kp/-

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ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.A. No. 1595 of 2015

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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Dated this the 1^st day of February, 2016

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JUDGMENT

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A.M. SHAFFIQUE, J.

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This writ appeal has been filed by the respondent challenging the judgment dated 24.2.2015 in W.P.(C).No.31139 of 2010. The writ petition was filed by the first respondent claiming various benefits which had accrued to her on account of her having retired from the appellant organization. The benefits were not paid by the appellant relying upon Section 16 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of issue of Community Certificates Act, 1996 (hereinafter referred to as 'the Act' for short).

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Learned Single Judge however, after considering the matter in detail observed that, since no proceedings were pending either before the Government or before the Scrutiny Committee as contemplated under Section 16 of the Act and six years have elapsed since the date of retirement of the petitioner, she is entitled for all the benefits. Accordingly direction was issued to the appellant to settle all the claims of the petitioner for payment of monthly pension and disbursal of all terminal benefits due to her. However, it was made clear that the judgment will not stand in the way of effecting any

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W.A. No. 1595 of 2015

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recovery, if ultimately it is found that the caste certificate based on which the petitioner had secured the job is not genuine and if it is legally permissible to make any such recovery under the statutory provisions.

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During the pendency of the above appeal materials have been brought on record stating that the KIRTADS and Scrutiny Committee have already passed orders cancelling the Caste Certificate obtained by the petitioner on the ground that she does not belong to the community which she has claimed.

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Learned Senior Counsel appearing for the respondent submits that the respondent has filed another writ petition as W.P.(C). No.3426 of 2016 challenging the said decision of KIRTADS and Scrutiny Committee and that it is pending consideration.

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Learned counsel however submits that, as far as the writ petitioner is concerned, learned Single Judge was justified in issuing the directions in terms of Section 16A of the Act and that the retirement benefits could not have been retained by the appellant.

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However, having regard to the nature of subsequent events, especially the challenge made by the writ petitioner against the Scrutiny Committee decision, we do not think it necessary for us to go into the merits of the contentions raised.

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W.A. No. 1595 of 2015

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In the said circumstances, we are of the view that the directions issued by the learned Single Judge need not be complied with as matter stands today and the same will be subject to further decision that might be taken in W.P.(C).No.3426 of 2016.

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Accordingly, we set aside the judgment which directs the appellant to pay all the benefits to the petitioner and leave open all the contentions raised by the respondent/writ petitioner to be adjudicated in the pending writ petition. The writ appeal is disposed of accordingly.

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ASHOK BHUSHAN, CHIEF JUSTICE

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A.M. SHAFFIQUE, JUDGE

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kp/-01.02.16

Marine Products Exports Development Authority v. K.Prabhavathy Murugesan

Case brief

What is this about?

What did the court decide?

Marine Products Exports Development Authority v. K.Prabhavathy Murugesan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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