Petitioner challenges Ext. P4 order issued by the Kerala State Commission for Scheduled Caste and Scheduled Tribes Tribunal, Thiruvananthapuram, reviewing an earlier order at the instance of the 1st respondent herein. 2. The main contention urged by the petitioner is that the Commission has no jurisdiction to pass orders with reference to the service matters concerning employees of the State and the jurisdiction absolutely vests with the Kerala Administrative Tribunal and the departmental authorities concerned.
3. Apprehending orders against the petitioner in implementation of Ext. P4, this writ petition is filed. According to the petitioner, Ext. P4 is absolutely without jurisdiction. Reference is made to Section 9 of the Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007 (for short 'the Act”), which reads as under:
“9. Functions of the Commission:- The Commission shall have the following functions, namely:-
(a) to investigate and examine the working of various safeguards provided in the Constitution of India or under W.P(C) No. 12270 of 2014 -: 2 :-
any other law for the time being in force or under any order of the Government for the welfare and protection of the Scheduled Castes and the Scheduled Tribes in Kerala;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes and the Scheduled Tribes in Kerala and to take up such matters with the appropriate authorities;
(c) to participate and advise on the planning process of socio-economic development of the Scheduled Castes and the Scheduled Tribes and to evaluate the progress of their development in the State;
(d) to make recommendations as to the measures that should be taken by the Government, for the effective implementation of safeguards and other measures for the protection, welfare and socio- economic development of the Scheduled Castes and Scheduled Tribes and to make report to the Government annually and at such other time, as the Commission may deem fit;
(e) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Castes and the Scheduled Tribes, as may be prescribed:
Provided that if any mater specified in this section is dealt with by the National Commission for Scheduled Castes and the Scheduled Tribes established under Artile 338 of the Constitution of India, the State Commission for the Scheduled Castes and the Scheduled ribes shall cease to have jurisdiction on such matter.”
4. Heard the learned counsel for the petitioner, 1st respondent and the Special Government Pleader.
5. Apparently, when Kerala Administrative W.P(C) No. 12270 of 2014 -: 3 :-
Tribunal had been constituted by the Government to deal with matters relating to the service conditions of its employees, the said Tribunal alone will have jurisdiction to entertain such disputes. In that view of the matter, the Commission cannot exercise power under Section 9 of the Act and consider the service related complaints.
6. Under these circumstances, there cannot be any dispute about the fact that the order passed by the Commission at Ext. P4 is without jurisdiction and is liable to be set aside.
7. In regard to any order of transfer of the petitioner pursuant to Ext. P4 is concerned, she is at liberty to approach the Kerala Administrative Tribunal or the departmental authorities for appropriate orders.
Under these circumstances, Ext. P4 is quashed reserving liberty of the petitioner to approach the departmental authorities or Kerala Administrative Tribunal as the case may be for redressal of her grievance.
Sd/- A.M. Shaffique, Judge.
Tds/