High Court declines to stay pay-cut ordinance
KOCHI: The Kerala High Court on Tuesday declined to stay the new ordinance that allowed the state to defer payment of salary and other allowance to government employees to mobilise funds to fight Covid-19 pandemic.The court observed that issuing the ordinance was the government’s policy decision and it has the legislative competence to promulgate such an ordinance.
The court issued the order on a batch of petitions filed by employees union affiliated to opposition parties. They alleged that the ordinance allowed the government to defer payment of salary, which is guaranteed to them by the service rules. The ordinance is called Kerala Disaster and Public Health Emergency (Special Provisions).
Justice Bechu Kurian Thomas observed that the court could not question the wisdom of the government in bringing the ordinance which did not seize the salary but only deferred the payment. Exemption of healthcare workers from the purview of the ordinance cannot be cited as a reason for issuing a stay order, the court said.It also pointed out that the ordinance was promulgated as the state was reeling under a very difficult circumstance and was intended to overcome such a situation.