IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 RP.No. 529 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN OP.7768/1995 .................... REVIEW PETITIONER(S): RESPONDENT 1 TO 3 ----------------------------------------- 1. STATE OF KERALA REP.BY HOME SECRETARY, GOVERNMENT OF KERALA,THIRUVNANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KANNUR. 3. SECRETARY,SCHEDULED CASTE/SCHEDULED TRIBE DEVELOPMENT (E) DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI A.J. VARGHESE RESPONDENT(S): --------------- 1. K.RAMESAN S/O. KUNHIRAMAN, HEAD CONSTABLE NO.1957,KANNUR TOWN POLICE STATION, KANNUR. 2. UNION OF INDA REP.BY MINISTRY OF HOME AFFAIRS (SCHEDULED CASTE & SCHEDULED TRIBES (DIVISION) NEW DELHI. R1 BY ADV. SHRI M. RAMESH CHANDER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 6.7.2009, THE COURT ON 10.7.2009 PASSED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.529/2009 in I.A.No.13467/08 in O.P. No.7768/1995 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2009. O R D E R In the review petition, the prayer is to review the order dated 12.1.2009 whereby this court granted time up to 13.2.2009 to complete the enquiry and if it is not completed, the respondents were directed to take steps to disburse the retirement benefits legally due to the petitioner. 2. It is pointed out in the review petition that Section 16A of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of issue of community certificates (Amendment) Act, 2008 empowers the Government to defer and withhold the pensionary benefits of the incumbent pending decision by the Government or the Scrutiny Committee. The Scrutiny Committee has not completed the procedural formalities to determine the caste status. It is pointed out that a show cause notice has been issued to the petitioner by the Scrutiny Committee, to submit his explanation. 3. The writ petitioner has filed a counter affidavit opposing the prayers in the review petition. It is pointed out that the review petitioners are prolonging the enquiry like anything and even after rendering the RP 529/09 in IA 13467/08 in OP 7768/95 2 judgment by this court on 20.6.2007 and granting extension of time up to 13.2.2009, the proceedings have not been finalised so far. Ext.R1(b) is the copy of the registered lawyer notice issued to the respondents in the matter. It is pointed out that only after that, the extension petition has been filed. 4. Regarding the applicability of Section 16A of the Act, it is submitted that the same applies only to proceedings which are pending and since this court had passed a peremptory order to complete the proceedings, and since the same has not been completed, it is submitted that the review petitioner cannot take the stand that the proceedings are pending. 5. This court passed the interim order on 12.1.2009 on the application for extension of time. Time has been granted upto 13.2.2009, fairly. It was directed that if the proceedings are not completed within the time granted, the respondents will take necessary steps to disburse the retirement benefits legally due to the petitioner. Going by Section 16A of the Act, the respondents are empowered to defer the payment of pensionary benefits during the pendency of the proceedings. The said provision was not brought to the notice of this court when the order dated 12.1.2009 was passed. Since there is a statutory injunction in the matter, the same had to be considered. Therefore, there is an apparent error in the order dated RP 529/09 in IA 13467/08 in OP 7768/95 3 12.1.2009 and the same has to be reviewed. 6. The question is whether the respondents could be given further time to complete the proceedings. It is clear that the proceedings have not been completed in spite of various directions issued by this court. Learned Special Govt. Pleader submitted that the enquiry will be completed without much delay, as the petitioner has already been issued a show cause notice. It is submitted by the learned counsel for the writ petitioner that the show cause notice was served only on 1.7.2009. In the light of the above, the review petition is disposed of in the following manner: The proceedings will be finalised within a period of two months from today. The said time limit should be adhered to by the petitioners herein. The direction to disburse the retirement benefits is vacated. The payment of retirement benefits will depend upon the outcome of the final order to be passed in the matter and the competent authority will consider the grievances raised by the writ petitioner while passing orders. (T.R. Ramachandran Nair, Judge.) kav/