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2006 Supreme(Ker) 61

S.SIRI JAGAN, V.K.BALI
The Managing Director, Kerala State Civil Supplies Corporation Ltd. – Appellant
Versus
The Kerala Lok Ayukta, Rep. by its Registrar Office of the Lok Ayukta – Respondent


Judgment :-

Siri Jagan, J.

This original petition is filed by the Managing Director of the Kerala State Civil Supplies Corporation Limited, challenging Ext.P8 order of the Kerala Lok Ayukta by which the Lok Ayukta held that the action of the Corporation in not allowing the 2nd respondent to continue in service as a Helper till he attains the age of 60 years amounts to mal-administration as defined under the Kerala Lok Ayukta Act and directing the petitioner to reinstate the 2nd respondent forthwith.

2. Before dealing with the issue involved, we must note the fact that in this original petition, there was an order of stay and, therefore, the order of the Lok Ayukta was not complied with. In the meantime, the 2nd respondent completed the age of 60 years and, therefore, the order is incapable of being complied with at this point of time. However, we further note that in C.M.P.No.47814 of 2001 filed by the 2nd respondent for vacating the interim order of stay, this court had made it clear that if the writ petitioner fails at the final hearing, the petitioner shall be liable to pay all benefits to the 2nd respondent for the period during which the stay operated. In the circumstances, it h








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