Kerala High Court frowns at 'compulsory' nature of Salary Challenge deduction

Kochi: Kerala High Court on Wednesday observed verbally that the provision for 'No consent' paper from those unwilling to donate one month's salary to the Chief Minister's Distress Relief Fund, has a 'compulsory' character that needs to be revisited.

The Division Bench which heard the petition filed by Kerala NGO Sangh, asked the government counsel if the government had any plans to re-consider it. Advocate General replied that he would reply after consulting the government. The bench then deferred the case hearing to 3rd October.

The petition was in appeal against the Kerala Administrative Tribunal's inerim decision rejecting the organization's plea to stay the government decision. The court, however, refused to stay the government's order.

The court also sought to know if the government had any plans to publish the list of those who donated and those who did not to which the AG answered in the negative.

The court asked why the government asked for a paper from those who did not agree to the deduction/donation, instead of the other way round, i.e. consent paper from those who would donate. The requirement for filing a 'No consent' is tantamount to forcing them to donate, whereas the chief minister had only made a request for voluntary donation from those who were willing. The current order will only serve to defeat a noble cause.

Advocate General pointed out that there was no compulsion on the government employees, and only those were willing need make the donation. He also pleaded that extra-ordinary things have happened in the state which called for extra-ordinary measures. It was following this that the court opined that the government action needed to be reconsidered.

Meanwhile, another petition questioning the government order to co-operative societies asking employees to donate one month's salary, came for hearing before another bench. The bench deferred this for detailed hearing.