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COVID-19: HC stays Kerala govt order on employees’ salary cut-The Court maintained that employees have a right to their salaries, and that salaries cannot be cut without the permission of the employees. The state government may appeal against the order.
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COVID-19: HC stays Kerala govt order on employees’ salary cut
Justice Bechu Kurian Thomas, while issuing the stay order, observed that prima facie the law authorising the government to issue such an order was found wanting. Besides, he also noted that there was ambiguity in the order regarding the manner in which the amount was proposed to be set apart or was to be utilised.
The government order only referred to the financial difficulties faced by the government due to COVID-19 situation for deferring the payment of salaries. The financial difficulty was not a ground for it to defer payment of salaries. Prima facie, deferment of payment of salaries, for whatever purposes, amounted to denial of property the court said.
Counsel for the petitioners, including the Kerala Water Authority Staff Association that owes allegiance to the INTUC and the Kerala Vyduthi Mazdoor Sanghom (BMS), contended that Article 300A of the Constitution (right to property) would include within its ambit ‘salary’ as well .The Article mandated that no person shall be deprived of his property save by the authority of the law.
They further argued that no law empowered the government to defer salaries payment. The employees should have been given an option of making voluntary donation as was being done by other State governments, they pointed out.
Advocate General C.P. Sudhakara Prasad submitted that the government order only postponed the payment of salaries. And that did not deprive the employees of their salaries. Besides, no provision of the law stipulated that the salaries should be paid on a particular day. In fact, the condition that the salaries should be paid on a particular day was based on the Financial Code, which was a compilation of various executive orders. The government had the power to defer the payment of salaries. It could be traced to the provisions of the Disaster Management Act, 2005, and the Epidemic Diseases Act, 1897, as amended in 2020, he argued.
OM No.38/37/2016-P&PW(A) dated 12.5.2017 : Implementation of Government’s decision on the recommendations of the Seventh Central Pay Commission - Revision of pension of pre-2016 pensioners/family pensioners, etc : SAMPLE CALCULATIONS i) REVISED PENSION OF PENSIONERS WHO RETIRED BETWEEN 1-1-1986 & 31-12-1995 (4 TH CPC SCALES) Step 1: work out Notional pay as on 1.1.1996 = LPD at the time of retirement + DA as on 1-1- 1996 was 148 % up to Rs.3500 BP and 111% for BP Rs.3501 to 6000 with minimum of Rs.5180 + IR 1 Rs 100/- + IR II =10% of BP (min Rs100) + 40% fitment benefit sum total be placed in appropriate stage in the 5 th CPC scale corresponding to the scale from which retired e.g 4 th CPC scale =2000-60-2300-75-3200 LPD 2300 Notional pay = 2300 +3404 +100 +230 + 920 =6954 placing it at appropriate level of Corresponding 5 th CPC scale = 6500-200-10500 Notional pay as on 1.1.96 comes to Rs 7100 / Step
October 30, 2018 PCDA Circular 608 : 7th CPC Concordance Tables – Revision of pension of pre-2016 pensioners Office of the Principal CDA(Pensions) Draupadi Ghat, Allahabad-211014 Circular No.608 Dated:26.10.2018 To The Officer-in-Charge ROs/ PAOs (ORs) …………….. …………….. Subject : Revision of pension of pre-2016 pensioners / family pensioners in implementation of Govt. decision on the recommendations of the 7th Central Pay Commission concordance tables – regarding. Reference: (1) This office Circular No. 570 dated 31.10.2016 and No.585 dated 21.09.2017 . (Available on the website of this office www.pcdapension.nic.in) (2) GoI, MoD letter No.17 (01)/2017/(02)/D(Pension/Policy) dated 17.10.2018 . Attention is invited to Para-4 of GoI, MoD letter No. 17 (01)/2017/(02)/D(Pension/Policy) dt 05.09.2017 circulated vide Circular No. 585 dated 21.09.2017 , wherein it has been mentioned that revision of pension / family pension of all Armed Forces Per
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