Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 (Kerala) – Section 11 – Cancellation of Caste Certificate – Procedure – Retiral Benefits – Fraudulent Certificate – Judicial Review.
Held: The cancellation of a Scheduled Tribe caste certificate by the Caste Scrutiny Committee, based solely on the KIRTADS report without adhering to the procedure under Section 11 of the 1996 Act and guidelines in Kum. Madhuri Patil v. Additional Commissioner [(1994) 6 SCC 241], is illegal. Benefits accrued under a caste certificate prior to the Constitution (Scheduled Castes) Order Amendment Act, 2007, cannot be withdrawn post-retirement, as per R. Unnikrishnan v. V.K. Mahanudevan [(2014) 4 SCC 434] and State of Maharashtra v. Milind [(2001) 1 SCC 4]. A caste certificate is personal and ceases to be relevant upon the holder’s death, barring others from claiming its benefits. The respondents erred in withholding retiral dues of the deceased employee, who retired in 2002 when the certificate was valid. The Single Judge’s dismissal of the writ petition was set aside, and the respondents were directed to disburse pensionary and retiral benefits to the legal heirs within two months.
Case Referred:
-
Kum. Madhuri Patil v. Additional Commissioner [(1994) 6 SCC 241]
-
R. Unnikrishnan v. V.K. Mahanudevan [(2014) 4 SCC 434]
-
State of Maharashtra v. Milind [(2001) 1 SCC 4]
-
Vijayan P.S. v. State of Kerala [2013 (2) KHC 149]
Result: Writ Appeal allowed. Judgment dated 31.10.2018 in W.P.(C) No. 21205 of 2015 set aside. Exts. P13, P17, and P18 quashed. Respondents directed to pay retiral and pensionary benefits to appellants.
Citations : 2025 KER 41997 : 2025 (6) KLR 161 : 2025 KLT OnLine 2151
W.A. No. 67 of 2019, decided on 16.06.2025
High Court of Kerala
Sushrut Arvind Dharmadhikari & Syam Kumar V.M., JJ.
