ASST. EXCISE COMMISSIONER, OFFICE OF THE ASST. EXCISE COMMISSIONER, FORT, THIRUVANANTHAPURAM Vs. A. ELLIAS KUNJU, PULIPPARA, PANGODU P.O., KALLARA, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This writ petition is filed challenging Ext.P4 order of the Lok Ayukta by which the petitioner was directed to sanction revised pensionary benefits including commuted value of pension and DCRG taking into account the period of eligible leave granted to the 1st respondent as qualifying service, reckoning the total period of service rendered by him as 23 years. The petitioner challenges the order on the ground that the Lok Ayukta does not have any jurisdiction to issue positive orders. More over it is contended that the 1st respondent was not entitled to get his pension fixed reckoning the total service as 23 years including the period during which he was kept under suspension which was later regularised as leave without allowance.

(2.) The 1st respondent has filed a counter affidavit pointing out that the petitioner has already complied with the order passed by the Lok Ayukta based on which the Accountant General had already revised the pensionary benefits.

(3.) An affidavit was thereafter filed on behalf of the petitioner, by the Excise Inspector, stating that the Lok Ayukta had posted the case to 12.7.2010 for action taken report and in those circumstances, the Commissioner of Excise had forwarded a proposal to Accountant General, on 8.7.2010 in terms of the Lok Ayukta's order revising the pensionary benefits. On 9.7.2010, Government directed to file appeal against the Lok Ayukta's order. The Accountant General had proceeded on the basis of the proposal placed by the Commissioner of Excise. However no further action was taken for disbursement since the order of Lok Ayukta was challenged in this Writ Petition as directed by the Government. It is pointed out that the benefits on the basis of the revision effected in terms of the Lok Ayukta's order have not been granted. This court has by order dated 24.9.2010 stayed the proceedings on the basis of the order of the Lok Ayukta.