Point of Law: Action taken in respect of appointment, removal, pay, discipline, superannuation or other matters relating to conditions of service of public servants but, not including actions relating to claims for pension, gratuity, provident fund or to any claims which arises on retirement, removal or termination of service.

JUDGMENT :

SHAJI P. CHALY, J.

1. The captioned writ petition is filed by the first respondent in Complaint No. 76 of 2021-D on the files of the Upa Lok Ayukta, challenging Exhibit P1 report dated 13.12.2021 whereby the following findings were rendered and directions issued:

“10. On the basis of the aforementioned report, under Section 12(1) of the Kerala Lok Ayukta Act, 1999, this Court recommend to the competent authority (The secretary, Food and Civil Supplies Department, Government of Kerala) that the injustice caused to the complainant shall be remedied in the following manner:

1. Respondents 2 and 3 shall pay the complainant interest on his retiral benefits other than DCRG, at the rate of 6% from 01.05.2019 to 05.10.2021 within a period of two months from today and that if the amount is not paid within two months, the amount shall carry interest at the rate of 9% from the date of default till payment.

2. Respondents 2 and 3 shall pay the complainant interest @ 10% within two months, for Death Cum Retirement Gratuity amount for the period mentioned above.

3. Other benefits claimed by the complainant under Group Insurance Scheme and repayable amount spent for petrol shall be disbursed along with item 1 and 2 in case he is entitled.

4. The Government and respondents 2 and 3 are at liberty to realise the amount from the 1st respondent after making the payment to the complainant.

The respondents shall file Action Taken Report. Copy of the Report shall be communicated to respondents 1, 2 and 3.”

2. Brief facts for the disposal of the writ petition are as follows:

2.1. The 5th respondent in the writ petition, namely, Alice P.I. has filed a complaint before the Lok Ayukta seeking to issue orders directing the respondents therein i.e. (1) the writ petitioner (2) Taluk Supply Officer, Devikulam and (3) Director of Civil Supplies, Thiruvananthapuram, to immediately release the monthly pension and the retiral benefits of the complainant and for a further direction to the respondents in the complaint to pay 12% interest for all delayed payments of retiral benefits. The complainant also prayed to take necessary action against the petitioner herein for abuse of position as public servant and declare him unfit to hold the post he is occupying.

2.2. The complainant retired from service as Taluk Supply Officer, Devikulam on 31.01.2019 after having a qualifying service of 27 years. There were no departmental disciplinary proceedings or judicial proceedings against her during the period of her service. According to the complainant, immediately after her retirement, she should have been paid with the retiral benefits since she has submitted all the required papers sufficiently earlier to her retirement. It is also stated that the Accountant General has issued the verification report along with intimation slip of pensionary benefits of the complainant on 28.08.2019, which was produced along with the complaint as Exhibit P1 series.

2.3. Admittedly, during the pendency of the complaint, the Last Pay Certificate (L.P.C.) was issued by the Taluk Supply Officer on 05.07.2021 and consequent to which, the full pensionary benefits were released to the complainant. Anyhow, the Upa Lok Ayukta, after assimilating the factual situations, has arrived at the conclusion that it was due to the recalcitrant attitude of the petitioner, who took charge as the Taluk Supply Officer, Devikulam on 01.05.2019 to release the L.P.C. the delay of 32 months had occurred and it was accordingly that the directions were issued to the Taluk Supply Officer, Devikulam and the Director of Civil Supplies to pay the interest @ 6% from 01.05.2019 to 05.10.2021 within a period of two months from the date of the order i.e. 13.12.2021 with a rider that if the amount is not paid as directed, interest @ 9% from the date of default till payment is liable to be paid. It was also directed that due to the delay in disbursing gratuity, 10% interest is to be paid on the amount of Death-Cum-Retirement Gr