Smt.A.V.Rajamma vs State Of Kerala

A.Muhamed Mustaque, J

These appeals were filed invoking Section 12(3) of the Kerala (Scheduled Caste and Scheduled Tribes) Regulation of issue of Community Certificates Act, 1996, challenging an order of Scrutiny Committee passed on verification of Community Certificate. The impugned order was passed on 21.05.2005.

Appellants were issued caste certificate, by competent Authority, showing them belonged to Malaipandaram a Scheduled Tribe. The appellants got employment in Central Government in 1962 onwards. Now, all the appellants have been retired from the service and three of them are no more. What survives for consideration in this matter is pensionary benefits. It is stated at the Bar that they also got certain terminal benefits as well.

It appears that the predecessor-in-interest of the appellants were treated as a Scheduled Tribe in Tamilnadu and they are from Palany. It appears that predecessors were migrated to Kerala long back. There was no fraud appears to have been committed by the appellants or their predecessor-in-interest claiming the caste status as Malaipandaram. Apparently, they claimed their caste status because they have been treated as a Scheduled Tribe in Tamilnadu. In Kerala, the Malaipandaram had no Scheduled Tribe status at that time. The enquiry regarding caste status started somewhere in 1991 and ultimately concluded in 2005. I am not interfere with the impugned order in inasmuch as that impugned order was based on the report submitted by the KIRTADS. The question is whether appellants can claim pensionary benefits. Having found that there was no fraud committed by them and that they have been treated as a Scheduled Tribe in Tamilnadu, I am of the view that they cannot be deprived of pensionary benefits for a simple reason that they completed their entire tenure serving the Central Government before the retirement. All that happened regarding the cancellation of caste status was subsequent to their retirement from the service.

In such circumstances, I am of the view they should be given pensionary benefits and the order of cancellation of Scheduled Tribe status will not stand in the way of claiming pensionary benefits in accordance with law. Considering the long pendency of the appeals before this Court, there shall be a direction to the competent Authority to disburse pensionary benefits in accordance with the law without any delay, at any rate within three months. I make it clear that I have not interfered with the impugned order cancelling caste status.

The appeals are disposed of as above.