HC moved against salary deferment

Petitioners say State government order is illegal and without authority

April 27, 2020 10:54 pm | Updated 10:54 pm IST - KOCHI

A slew of writ petitions challenging the State government order on deferment of salary of its employees have been filed in the Kerala High Court.

The petitions were filed on Monday by employees unions of various State government undertakings, including the Kerala Water Authority Staff Association owing allegiance to the INTUC and Kerala Vyduthi Mazdoor Sanghom (BMS).

The petitioners contended that the government order to defer payment of six days salary of employees every month from April 2020 to August is illegal and without authority.

Even though it is named as deferred payment, nothing has been mentioned about the time when the payment would be effected. It is really a deduction of salary permanently.

Against rules

They also pointed out that Kerala Service Rules (K.S.R) or Kerala State & Subordinate Services Rules (K.S.&S.S.R.) did not empower the government to withhold a portion of the employees’ salary. In fact, the employees should have been given an option for making voluntary donation as was being done by other State governments and the Centre. Moreover, the financial capacity of each employee should be taken into account.

Even the deferred payment was admissible only when there was an assurance for release of the deferred payment within a fixed time limit.

The petitioners sought a directive to the government not to defer the employees’ salaries.

Approach KAT too

Meanwhile, some of the service organisations such as Kerala NGO Sangh have also approached the Kerala Administrative Tribunal (KAT) against the government order.

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