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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M.
Lalitha P.K., W/o. M.K. Raghuvaran – Appellant
Versus
State Of Kerala, Represented By Chief Secretary, Secretariat – Respondent
JUDGMENT :
(Sushrut Arvind Dharmadhikari, J.)
The present writ appeal filed under Section 5 of the Kerala High Court Act, 1958, assails the judgment dated 31.10.2018 passed in W.P(C)No.21205 of 2015, whereby the writ petition filed by one Mr.M.K.Raghuvaran/original petitioner has been dismissed. The appellants herein are the wife and children of Mr.M.K.Raghuvaran/ original petitioner. The appellants have been impleaded as additional petitioners in the writ petition being the legal heirs of Mr.M.K.Raghuvaran.
2. The brief facts of the case are that Mr.M.K.Raghuvaran breathed his last on 07.12.2015 during pendency of the writ petition. A caste certificate Ext.P3 dated 30.04.1965 was issued in favour of Mr.M.K.Raghuvaran under the relevant rules by the competent Authority. In the year 1970 Mr.M.K.Raghuvaran got appointment as Lower Division Clerk in the establishment of the 4th respondent after due verification of his caste from the competent Authority by Ext.P4 dated 18.06.1970. Thereafter Mr.M.K.Raghuvaran joined the 4th respondent as Lower Division Clerk on 25.06.1970. In 1989 Mr.M.K.Raghuvaran was promoted to the post of Divisional Store Keeper subject to verification of his caste st
The cancellation of a caste certificate must adhere strictly to prescribed procedures; failure to do so invalidates the cancellation and entitles legal heirs to accrued benefits.
Community certificates cannot be cancelled without evidence of fraud; retrospective actions violating procedural norms are invalid.
Caste Certificate – Cancellation of - Subsequent declaration of law by overruling the N.E.Horo cannot ipso facto result in the caste certificate issued to respondent No.l herein being fraudulent, ill....
Pensionary benefits cannot be withheld without statutory adjudication during service; employees are entitled to benefits unless properly invalidated by law.
The verification of validity of caste certificate and determination of caste status should be done only by the Caste Scrutiny Committee constituted in accordance with the law.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
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