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High Court of KeralaWA/1008/2012dismissed

P.Raveendranath v. State Of Kerala

2015-08-05Honourable Mr. Justice Shaji P.Chaly,Honourable Mr.Justice Antony Dominic3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WA.No. 1008 of 2012 () IN WP(C).12140/2011 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 12140/2011 of HIGH COURT OF KERALA DATED 09-11-2011 APPELLANT(S)/PETITIONER:

------------------------------------------ P.RAVEENDRANATH POOKUTH HOUSE, PERIMBADARI, P.O.MANNARKAD PALAKKAD DISTRICT NOW WORKING AS HEAD CONSTABLE/DRIVER CENTRAL INDUSTRIAL SECURITY FORCE REGIONAL TRAINING CENTRE, BARWAHA DARIYAMAHAL (POST OFFICE), KHARGONE DISTRICT MADHYA PRADESH-451 115. REP. BY POWER OF ATTORNEY HOLDER V.V.VANAJA, W/O.P.RAVEENDRANATH POOKUTH HOUSE, PERIMBADARI, P.O.MANNARKAD PALAKKAD.

BY ADV. SRI.M.R.ANISON RESPONDENT(S)RESPONDENTS:

----------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT SECRETRIAT, TRIVANDRUM-695 023.

2. SCRUTINY COIMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES, REPRESENTED BY ITS CHARIMAN SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT DEPARTMENT SECRETRIAT, TRIVANDRUM-695 023.

3. THE VIGILANCE CELL OF KIRTADS, REPRESENTED BY ITS VIGILANCE OFFICER DIRECTORATE OF KIRTADS, KOZHIKODE-670 017.

4. THE COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT SATHISH DHAWAN SPACE CENTRE SHAR, SRIHARIKOTTA NELLOOR DISTIRCT, ANDRA PRADESH-524 142.

5. THE DEPUTY INSPECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE REGIONAL TRAINING CENTRE, BARWAHA DARIYAMAHAL (POST OFFICE) KHARGONE DISTRICT MADHYA PRADESH-451 115.

R4,R5 BY ADV. SRI.K.M.JAMALUDHEEN,SENIOR PANEL COUNSE R1 BYSPL. GOVERNMENT PLEADER SRI.C.K.JAYAKUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & SHAJI P. CHALY, JJ.

----------------------------------- W.A.No.1008 of 2012 ----------------------------------- Dated this the 5th day of August, 2015

JUDGMENT

Antony Dominic, J.

1. Heard learned counsel for the appellant, learned Government Pleader and standing counsel for respondents 4 and 5.

2.W.P(C).12140/11 is filed by the appellant challenging Exts.P6, P11 and P14. The writ petition was disposed of by the judgment under appeal, whereby, though the impugned orders were confirmed, having regard to the amendment made to the list of Scheduled Castes/Scheduled Tribes in the year 2007, learned single Judge allowed the appellant to continue as driver in CISF till his retirement on attaining the age of superannuation. Appellant contends that in spite of the amendment in 2007, he is entitled to retain the status of schedule caste on the basis of which he entered the service of respondents 4 and 5.

3. In our view, having regard to the fact that the list of SC/ST stands amended in 2007, the contention now

WA.1008/12 raised by the counsel for the appellant is plainly untenable. Therefore, we are absolutely unable to accept the said contention.

Appeal fails and is accordingly dismissed.

Sd/- ANTONY DOMINIC, Judge.

Sd/- SHAJI P. CHALY, Judge.

kkb.

/True copy/ PS to Judge