Kerala High Court
K.P.Sreedharan vs Cochin Shipyard Limited on 23 March, 2012
Author: K. Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 3RD DAY OF APRIL 2012/14TH CHAITHRA 1934
WP(C).No. 11869 of 2011 (G)
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PETITIONER(S) :
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K.P.SREEDHARAN,
( CODE NO.0381),
ASSISTANT STORES OFFICER SENIOR GRADE,
MATERIALS DEPARTMENT,
COCHIN SHIPYARD LIMITED,
KOCHI - 682 015.
BY ADVS.SRI.K.JAJU BABU
SMT.M.U.VIJAYALAKSHMI
SRI.T.R.SADEESAN
SRI.T.S.SHYAM PRASANTH
SMT.DIVYA CHANDRAN
RESPONDENT(S) :
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1. COCHIN SHIPYARD LIMITED,
COCHIN- 682 015,
REP. BY ITS CHAIRMAN AND
MANAGING DIRECTOR.
2. THE DEPUTY GENERAL MANAGER (HR),
COCHIN SHIPYARD LIMITED,
COCHIN - 682 015.
* ADDL. R3 & R4 ARE IMPLEADED.
3. STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT ,
SCHEDULED CASTE AND SCHEDULED
TRIBES DEVELOPMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
NS 2/-
WP(C).No. 11869 of 2011 -2-
4. SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES,
CONSTITUTED UNDER THE KERALA SCHEDULED CASTE AND SCHEDULED
TRIBES (REGULATION OF ISSUE OF COMMUNITY CERTIFICATES) ACT 1996,
REPRESENTED BY ITS CHAIRMAN AND THE SECRETARY TO GOVERNMENT ,
SCHEDULED CASTE & SCHEDULED TRIBES DEVELOPMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
* ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED 23.3.2012 IN
I.A. NO. 4465/2012.
R1 & R2 BY ADVS. SRI.K.ANAND (A.201)
SMT.LATHA KRISHNAN
SRI. B.S. KRISHNAN
R3 & R4 BY GOVERNMENT PLEADER ADV. SMT. LALY VINCENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
WP(C).No. 11869 of 2011
APPENDIX
PETITIONER(S) EXHIBITS :
EXT.P1 : COPY OF JUDGMENT DATED 7.11.2003 IN O.P.NO.10527/1994 OF THIS
HONOURABLE COURT.
EXT.P2 : COPY OF COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER BY THE
DEPUTY TAHSILDAR.
EXT.P3 : COPY OF CERTIFICATE DATED 21.08.1993 ISSUED TO THE PETITIONER BY
THE TAHSILDAR.
EXT.P4 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIOENR BEFORE THE
1ST RESPONDENT DATED 21.03.2011.
EXT.P5 : COPY OF REPLY DATED 31.03.2011 VIDE NO.PF/3081 ISSUED BY THE 2ND
RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
/ TRUE COPY /
NS P.A. TO JUDGE
K. SURENDRA MOHAN , J
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W.P.C. NO. 11869 OF 2011
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Dated this the 3rd April 2012
J U D G M E N T
The petitioner had been appointed to the service of the first respondent on the basis that he was a member of the Hindu Kadaiyan Community, which is a scheduled caste. The status of the petitioner as member of the said community which is one of the scheduled castes was disputed. As per Ext.P1 judgment in O.P. No. 10527 of 1994. It has been ordered that the petitioner is entitled to retain the caste status and to enjoy the benefits available to a scheduled caste until the Government/Scrutiny Committee takes a decision whether to cancel the community certificate of the petitioner or not.
2. Pursuant to Ext.P1, a notice was issued to the petitioner by the Scrutiny Committee. The petitioner took part in the proceedings and the final hearing was conducted on 17.02.2010. However, according to the petitioner, no final decision has been taken in the matter thereafter. In the meanwhile, on 30.06.2011 the petitioner has retired. Though the petitioner claimed the service benefits that were due to him, benefits like grade promotion have been denied to him for the W.P.C. NO. 11869 OF 2011 2 reason that the Scrutiny Committee had not taken any final decision regarding his caste status. Therefore, the petitioner has approached this court seeking necessary reliefs.
3. When this petition came up before me today, the counsel for the petitioner, the learned Special Govt. Pleader as well as the counsel for respondents 1 and 2 submit that this writ petition can be disposed of directing the Scrutiny Committee to finalize the proceedings against the petitioner within a stipulated time.
4. In view of the above submission, this writ petition is disposed of directing the additional 4th respondent to finalize the proceedings relating to the caste status of the petitioner, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. The claim of the petitioner for his service benefits shall abide by the decision of the Scrutiny Committee in the matter.
K. SURENDRA MOHAN JUDGE NS