Kerala High Court
P.Murali vs The State Of Kerala on 24 April, 2023
MFA (SCSTCC) No. 135 OF 2005 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 24TH DAY OF APRIL 2023 / 4TH VAISAKHA, 1945
MFA (SCSTCC) NO. 135 OF 2005
APPELLANTS:
1 P.MURALI
THALIPARAMBA.
2 P.P.PARAMESWARAN NOW WORKING AS
MANAGER, NORTH MALABAR GRAMIN BANK,, DOLAMPADY
BRANCH, P.O.PARAPPA,, DOLAMPADY, KASARAGOD
DISTRICT.
3 P.P.AMBUJAKSHAN PREVENTIVE OFFICER
PAPPINISSERY RANGE, P.O.PAPPINISSERY,, KANNUR
DISTRICT.
4 P.P.SURESH BABU ASSISTANT ENGINEER
P.W.D. ROAD SECTION, MANJESHWAR,, KASARAGOD
DISTRICT.
BY ADVS.
SRI.M.V.BOSE
SMT.NISHA BOSE
SRI.VINOD MADHAVAN
RESPONDENTS:
1 THE STATE OF KERALA
PRINCIPAL SECRETARY TO GOVERNMENT, SCHEDULED,
CASTS/SCHEDULED TRIBES DEVELOPMENT (L),,
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2 THE SCRUITNI COMIITEE FOR VERIFICATION
OF COMMUNITY CERTIFICATES, REP. BY ITS CHAIRMAN,,
SC AND ST DEVELOPMENT DEPARTMENT, SECRETARIAT,,
THIRUVANANTHAPURAM.
BY ADVS.
G.P., SRI. SUNIL KUMAR KURIAKOSE
SRI.K.M.ANEESH
SRI.DEVAN RAMACHANDRAN
SRI.SUMESH KUMAR N.C.
THIS MFA (SCSTCC) HAVING COME UP FOR ADMISSION ON
24.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MFA (SCSTCC) No. 135 OF 2005 2
A.MUHAMED MUSTAQUE , J.
===========================
MFA (SCSTCC) No. 135 OF 2005
============================
Dated this the 24th day of April, 2023
JUDGMENT
The short point in this appeal filed under Section 12(3) of the
Kerala (Scheduled Castes and Scheduled Tribes) Regulation of
Issue of Community Certificates Act, 1996 is whether the
appellants can claim retirement benefits consequent upon
cancellation of their caste status as moger, a scheduled caste.
2. Brief facts involved in this case are as follows:-
Appellants 1 and 2 are brothers born to Keshavan and Vally.
Appellants 3 and 4 are Keshavan's brother's sons. They all entered
into Government service based on the description of their caste in
the SSLC book as 'moger'. Admittedly, now they are retired from
service. It is submitted at the bar that the 4th appellant namely,
P.P. Suresh Babu also obtained pension based on an order passed
by the Kerala Adminstrative Tribunal (in O.A. No. 1925/2021)
consequent upon his retirement as Assistant Engineer from PWD
Department.
The operative portion of the order of KAT in O.A. No. 1925/2021,
dated 14.03.2022 reads as follows:
" The Original Application is accordingly disposed of directing
the respondents to ensure that the terminal benefits due to
the applicant is authorized immediately at any rate within
three months from the date of receipt of a copy of this order
and the amounts due thereof are disbursed within two months
therefrom. It is made clear, that the payment of terminal
benefits due to the applicant will of course be subject to final
outcome of MFA 135/2005 pending consideration before the
Hon'ble High Court of Kerala"
3. The appellants were admitted in the schools showing
that they belonged to moger community. No one has a case that
any fraud has been committed by the appellants in showing them
as moger in the school records. The Government, by order dated
21.07.1989, directed to give benefit of moger to those who are
claiming as a 'moger' subject to further enquiry regarding their
actual status. If the issue is examined in that background, it can
be seen that no fraud has been played by the appellants. This
apparently made KAT to order terminal benefits to the 4 th
appellant. It is true that no evidence have been placed by the
appellants to show that they belonged to moger community,
though they claim they belong to moger community. For want of
evidence, it resulted in passing of an order by Scrutiny Committee
cancelling their caste status as moger.
4. In the absence of any other materials to show that they
belonged to moger community, I need not make any further probe
in this regard, but to affirm the order of the Scrutiny Committee on
the basis of the report of KIRTADS cancelling their caste status as
moger. But still the question remains is in regard to their
entitlement for retirement benefits.
5. I am of the view that this is a case where appellants can
claim their retirement benefits for more than one reason. Firstly, a
similar order has been passed by the KAT upholding the
retirement benefits of the 4th appellant and that has become final.
The 4th appellant is already enjoying the pensionary benefits since
there was no challenge against the order of the KAT, I am of the
view that even if KAT orders that, it is subject to the orders to be
passed in this MFA, that order has become irreversible by efflux of
time. Secondly for the reason that, there was no fraud committed
by the appellants in describing them as a moger. The pensionary
benefits cannot be denied to officers as the officers retired from
the service before the enquiry is concluded. The scrutiny
committee's report could be relied upon only to prevent
continuation of enjoyment of status as an employee based on an
appointment made in a quota earmarked for scheduled caste. In a
matter like this, the pensionary benefits flow from the service
rendered for a long period of years of service to the State. Though
the employment can be struck down, the pensionary benefits need
not be struck down unless there is a manifest fraud committed by
the employee.
Owing to the peculiar circumstances of the case, I am of the
view that nothing prevents the appellants from claiming the
retirement benefits in accordance with the statutory provisions. I
make it clear that the cancellation of caste status will not debar
the appellants from claiming pensionary benefits in accordance
with law. The appeal partly succeeds. Disposed of. It is made clear
that this Court has not interfered with the Scrutiny Committee's
order and the appellants or their progeny will not be entitled to
claim scheduled caste status as a moger.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
sbk/-
