IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 35378 of 2007(J) -------------------------- PETITIONER: ------------ SMT.T.K.VALSAMMA, POLICE HOUSING COLONY, MUNDERI, KALPATTA P.O.( RETIRED AS DTP OPERATOR, SR.GRADE COMPOSITOR, GOVT. PRESS, WAYANAD) BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENTS: ------------- 1. DIRECTOR, DEPARTMENT OF PRINTING, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. 2. OFFICE OF THE DEPUTY SUPERINTENDENT, REP. BY DEPUTY SUPERINTENDENT, GOVERNMENT PRESS, WAYANAD. 3. INDIAN AUDIT AND ACCOUNT DEPARTMENT, REP. BY SENIOR ACCOUNT OFFICER, OFFICE OF ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 4. THE CHAIRMAN, SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATE, SC/ST DEVOLOPMENT DEPARTMENT, TVM. BY GOVERNMENT PLEADER SRI. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35378/2007 -------------------- Dated this the 28th day of February, 2008 JUDGMENT Petitioner retired from service on 31.8.2007. He is aggrieved by the fact that the retirement benefits due to him as sanctioned under Exts.P2 and P3 are yet to be disbursed. Counter affidavit has been filed on behalf of respondents 1 and 2. Petitioner had originally obtained employment under the SC quota and according to the Government, the caste certificate issued in favour of the petitioner was rejected by the Scrutiny Committee. Petitioner had approached this Court earlier challenging the proceedings of the Scrutiny Committee which resulted in Ext.P6 judgment. While setting aside the order passed by the scrutiny committee and the consequential orders passed by the Government, opportunity was given to the competent authority to scrutinize the case of the petitioner under the provisions of Act 11 of 1996. W.P.(C).35378/2007 2 Apparently notice of show cause has been now issued by the Scrutiny Committee constituted under Act 11 of 1996. Learned Special Government Pleader brings to my notice Section 16(A) of The Kerala Scheduled Castes and Scheduled Tribes (Regulation of Issue of Community Certificates) Act, 1996, which prohibits the disbursement of pension pending decision of the Government or the Scrutiny Committee. It also contemplates an enquiry by the expert agency as to the genuineness of the caste certificate issued in favour of any person who comes under the Scrutiny of Act 11 of 1996. In that view of the matter, it may not be possible to straight away issue a direction to disburse the retirement benefits due to the petitioner. But, at the same time proceedings of the Scrutiny Committee cannot be prolonged. In the result, writ petition is disposed of directing W.P.(C).35378/2007 3 the Scrutiny Committee, constituted under Act 11 of 1996, to complete the proceedings initiated against the petitioner within six months from the date of receipt of a copy of this judgment. Payment of the retirement benefit due to the petitioner shall abide the decision of the Scrutiny Committee. If there is no order adverse to the petitioner, consequent to the completion of the proceedings by the Scrutiny Committee, retirement benefits due to the petitioner shall be disbursed to the petitioner, without any further delay. V.GIRI, Judge mrcs