IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 OP.No. 34471 of 2001(D) -------------------------------- PETITIONER(S): ----------------------- SMT. T.K. SANTHAMMA, P.D. TEACHER, GOVERNMENT HIGH SCHOOL, BELLA EAST, KASARAGODE. BY ADV. SRI.P.VINODKUMAR SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, SCHEDULED CASTE & SCHEDULED TRIBES, DEVELOPMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. SCRUTINY COMMITTEE, SCHEDULED CASTE & SCHEDULED TRIBES, DEVELOPMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, REP. BY ITS CHAIRMAN. 3. THE VIGILANCE OFFICER, DIRECTORATE OF KIRTADS, KOZHIKODE BY SPL. GOVERNMENT PLEADER (SC/ST) SRI. P. SANTHOSH KUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 34471 of 2001(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER. EXT.P2 - TRUE COPY OF ADVANCE COPY OF THE PROCEEDINGS OF THE SCRUTINY COMMITTEE. EXT.P3 -TRUE COPY OF GOVERNMENT ORDER DATED 10.10.2001 G.O.(MS) NO. 53/2001/SC/STDD. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - O.P.No.34471 of 2001 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2009 J U D G M E N T The petitioner is challenging Exts.P2 and P3 orders of the Scrutiny committee and the Government stated to be issued under the Kerala (Scheduled Castes & Scheduled Tribes) Regulation of issue of Community Certificates Act, 1996. The petitioner contends that the Scrutiny Committee has been constituted as provided under the above said Act. This is disputed by the learned Government Pleader. 2. I am not inclined to go into that controversy, since the counsel for the petitioner submits that the petitioner has subsequently retired from service and all benefits have been given to her. I am of opinion that in the facts and circumstances of the case, the issue should be given a quietus 3. In the above circumstances, without interfering with the impugned orders, I direct that service benefits given to the petitioner on the basis of the caste already accepted prior to the impugned orders need not be recovered from the petitioner. The petitioner and his family members would not be entitled to claim any benefits on the basis of the caste declared by the petitioner unless the petitioner or other family members obtain appropriate other orders in that regard from the appropriate authority. Accordingly, the original petition is closed with the above directions. S.SIRI JAGAN, JUDGE rhs