HC refuses to stay salary deferment ordinance by Kerala Govt
Kochi: The Kerala High Court on Tuesday refused to stay the ordinance, passed by the state government to defer the salaries of its employees. Calling the ordinance legal, the HC stated that such measures will have to be taken under special circumstances.
The court was approached by organizations linked to the opposition citing that the ordinance was illegal.
Advocate General Sudhakara Prasad, who appeared for the government, made it clear that the ordinance does not violate anyone’s fundamental rights.
The AG also said that details regarding the reimbursement of the deferred salary is mentioned in the ordinance itself.
It was also in the court stated that deferment of salary was crucial due to the financial crunch in Kerala and that if there was a verdict against this, it would affect the COVID-19 prevention activities of the state.
The government had issued an administrative order regarding the deferment of the salary. Certain organizations approached the court against this order and the court granted them a stay on the matter.
Following this, the government passed the ordinance. The court had mentioned in the earlier verdict that an ordinance can be made in this regard.
The court stated that it stayed the administrative order as it was not legally valid. However, it cannot intervene in an ordinance that is equal to law. The court also observed that there is nothing unlawful in the ordinance.
Meanwhile, the court is likely to listen to the argument of the petitioners during a detailed hearing in June.