Kochi/Thiruvananthapuram: In a setback to the Kerala government's plans to mobilise funds for COVID-19 battle, the High Court on Tuesday stayed an order for salary cut for its employees, observing that it lacked legal backing.
Justice Bechu Kurian Thomas, who heard a batch of petitions filed by a section of employees and their organisations challenging the government order, observed that the decision to cut salary was not supported by any provisions of law, reported Live Law.
The judge observed that it was the right of every individual to receive salary for the work discharged.
The court also said that the executive order was ambiguous as it has not clearly stated how the money was going to be spent.
The controversial government order was issued on April 24 to 'raise funds for fighting the COVID-19 pandemic'. In its order, the government had said the state government employees' salary for six days every month would be deducted for the next five months.
"This would be applicable to employees of all state-owned Enterprises, Public Sector Undertakings, Quasi-Government organisations, Universities, etc in the state," the order, issued in line with a state cabinet decision, had said.
However, it had made it clear that there will be no salary cut for those staff who earn less than Rs 20,000 per month.
The order also stated that ministers, MLAs, various Board members, Local body institution members, members of various commissions would receive 30 per cent less salary for one year.
While announcing the cabinet decision last week, Chief Minister Pinarayi Vijayan had said the deducted amount will be given back to the employees when the financial condition of the state improved.
The court order was welcomed by opposition Congress which said it was "a huge blow" to the government that "displayed an arrogant approach" on the matter.
Reacting to the development, state Finance Minister Dr T M Thomas Isaac opined that since it was a high court order it was binding on other states and even the central government which have taken similar decision on salary cut for the government servants for fighting COVID-19.
"We will wait for the detailed order and respond accordingly," he told reporters in Thiruvananthapuram.
Meanwhile, Pinarayi Vijayan, during his daily press meet, said the high court order will have to be followed.
In a statement, state Congress president Mullappally Ramachandran said the government took the decision to deduct the salary without the consent of the government servants.
Former chief minister and senior Congress leader Oommen Chandy said the government should follow democratic principles while going ahead with such decisions. He urged the government not to forget "the support" given by the police and health officials in the fight against COVID-19.
