The recently promulgated Ordinance that empowers the government to defer payment of salary and allowance of employees of the government and government-owned institutions has been challenged before the Kerala High Court.
The petitions have been filed by various employees’ organisations including the Kerala NGO Association and Higher Secondary School Teachers Union.
25% of pay
According to them, the Kerala Disaster and Public Health Emergency (Special Provisions) Ordinance has provided for deferment of the pay in part in the event of disaster and public health emergency in the State. In fact, 25% of the pay could be deferred every month as per the Ordinance.
Circumvention
The petitioners point out that it was issued to circumvent an order of the High Court staying a government order which sought to deduct six days’ salary every month from April to August. The petitioners allege that there was mala fide intention on the part of the government in issuing the Ordinance.
The payment of salary and other service conditions of government employeess are governed by the Kerala Service Rules (KSR) and Kerala State & Subordinate Service Rules (KSSS) formulated under Article 309 of the Constitution.
Rights and benefits
Unless the service rules are amended in accordance with the law, the rights and benefits conferred on the employees could not be taken away. The remuneration paid to the government employees for the service rendered by them should be paid in a month and not in part.
It is the right of property of every government employee and in view of Article 300(A) of the Constitution that right could not be deprived of except in accordance with the due process of the law.
Therefore, the Ordinance is illegal and arbitrary, the petitioners contended.
