KOCHI: The High Court asked the government pleader what was the logic behind the order. The government has no right to deduct even one day’s salary from the employees without their consent. The Chief Minister had made only a request whereas orders passed by the government were contrary to it. They were issued without properly understanding the laudable objective behind the request while trying to implement it in the form of an order.
The pleader informed there was no compulsion and only request. The court had earlier stayed similar move of the Malabar Devaswom Board observing that general public contributed to rebuilding Kerala have their own in different forms which could not have been commanded. If it was compulsory one, it may amount to extortion. “Almost similar exercise is being done by the TDB,” the court observed on Monday. For justifying the order, the TDB has made a reference to the similar course of action by the government, but the government order number or the date was not.
Counsel for the petitioner submitted the Chief Minister had made only a request, whereas the order passed by the government without applying its mind. The court said when a person is getting `50,000 per month, his take-home will be `2,000. He has to contribute his salary to the fund. What about the flood-affected employees, who have lost everything? The court further asked “Was there any discussion with the law secretary while issuing the government order?”
The counsel for the petitioner also handed over the order of Chief Secretary issued on September 15 stating there was a complaint from employees and the public that certain departments are forcing them to contribute the CMDRF. Such an attitude will only help defeat the noble initiative. The Chief Secretary directed to the heads of the departments and also district collectors to ensure no compulsory deposit/recovery is to be made to the CMDRF, but for the voluntary contributions.Meanwhile, TDB counsel S Rajmohan submitted the matter is being reconsidered by the board and sought time to report the decision before the court.