STATE OF KERALA Vs. KERALA LOK AYUKTA

JUDGEMENT

(1.) In an interesting turn of events, the Government of Kerala has filed this writ petition challenging the decision of the learned Kerala Lok Ayukta, as per which, it had directed that the pensionary benefits available to deceased P.A. Shamsudheen be paid to the second respondent in exclusion to the third and fourth respondents. The order impugned in this writ petition has been appended as Ext.P3.

(2.) The learned Government Pleader appearing for the State says that the second respondent is the second wife of late P.A. Shamsudeen and that third and fourth respondents are his son and daughter from an earlier marriage. The State is aggrieved, as per him, because the learned Lok Ayukta has given an affirmative direction to pay the DCRG, the arrears of pension and family pension entitled to late Shamsudeen to the second respondent in exclusion to third and fourth respondents even when the competent Authority, who is statutorily vested with the power to conclude on these issues, is already in seizing of the matter based on applications made by both the parties.

(3.) The essential challenge in this writ petition appears to be that the learned Lok Ayukta, in having issued emphatic and explicit directions to the Secretary of the Government of Kerala to make payment of the amounts referred above, has exceeded jurisdiction vested in it under Sec. 12(1) of the Kerala Lok Ayukta Act, since the Act empowers and authorises it only to make suitable recommendations and no more.