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Kerala brings law for temporary salary cuts
Announcing this, chief minister Pinarayi Vijayan said extraordinary situations need extraordinary actions, while also giving an assurance to state government employees.
A day after the Kerala high court stayed its decision to slash employees’ salaries, the government decided on Wednesday to bring an ordinance in order to make the deductions as part of efforts to raise funds for fighting the coronavirus disease (Covid-19).
Announcing this, chief minister Pinarayi Vijayan said extraordinary situations need extraordinary actions, while also giving an assurance to state government employees.
“You can’t call it a salary cut. We have made it clear that the amount collected in five instalments will be repaid once the economic condition of the state improved,” he said.
The move came a day after the high court stayed Kerala’s decision to deduct salaries of government employees for six days every month for the next five months (totalling 30 days).
“All are undergoing a difficult situation. So it is natural that employees will also be a part of the process. We have deducted 30% salaries of ministers, MLAs, board chairmen and others for one year,” Vijayan said.
The government order issued to that effect last week said the move will be applicable to employees of all state- owned enterprises, public sector undertakings, quasi-government organisations and universities, among others.
Several employees’ organisations owing allegiance to opposition parties moved the court, saying a salary cut at this juncture will trigger more problems for them.
Announcing the cabinet decision, finance minister TM Thomas Isaac told reporters on Wednesday: “As per this ordinance, the state government has been empowered to defer 25% of the salary of government employees, in case of a disaster.”
The minister, however, made it clear that 25% of the salary would not be deferred and the state government would go ahead with its initial six-day cut plan. Now, governor Arif Mohamad Khan will have to give his assent to the ordinance.
“The state government has taken the decision on the ordinance as per the Kerala high court order. We could have gone for an appeal. But, the court said that the government order on deducting salary does not have a legal backing. So, we have decided to make it legal,” he said.
Opposition leader Ramesh Chennithala of the Congress criticised the move and said the government was taking revenge on employees after it suffered a serious setback in the court.
In the backdrop of the controversial government decision, the Registrar General of the High Court has said the state government cannot recover any amount from the emoluments of the Chief Justice and judges through an executive order.
The Registrar General wrote to the chief secretary in this regard after the government on April 22 ordered deferring disbursement of salaries for six days every month from April to August of all officials who draw their wages from the consolidated fund of the state.
“It may be noted that, as per Article 221 of the Constitution of India, the salaries are paid to the Honourable judges as determined by Parliament and they shall not be varied to their disadvantage after the appointment. Therefore the salaries and allowances of the Hon’ble Chief Justice and judges cannot be varied or deferred by the Government, through an executive order,” the letter dated April 27 said.
(With Agency inputs)
