Date:18/03/2006 URL: http://www.thehindu.com/2006/03/18/stories/2006031804430900.htm

Tamil Nadu

High Court quashes EC's directive on pay revision

Staff Reporter

KOCHI: A Division Bench of the Kerala High Court on Friday set aside the Election Commission's directive to the State Government to defer the implementation of the Ninth Pay Commission's recommendations till the elections to the Assembly were over.

The Bench, comprising Chief Justice V.K. Bali and Justice J.B. Koshy, passed the judgment while allowing writ petitions filed by V.K. Babu, secretary, Kerala Non-Gazetted Officers Association, and another union.

When the Bench was about to pronounce the judgment, counsel for the Election Commission informed the Court that the Commission had decided to allow the Government to implement the pay panel recommendations. The petitioners contended that the final report of the Pay Commission was submitted to the Government on February 22, 2006, much before the announcement of the election schedule. In fact, the Pay Commission was an independent body. The Cabinet took a decision to implement the recommendations on March 1 and the modalities were chalked out at a Cabinet meeting the next day.

The Bench observed that in view of the Budget speech of the Finance Minister and the announcement of the Government in the Assembly that the recommendations of the Pay Commission would be implemented, it could not be stated that the decision was made after the model code of conduct came into force. Even the formal decision of the Cabinet was taken on March 1, before the commencement of the election schedule.The Court said there was force in the submission of the petitioners that the pay revision granted as per the Pay Commission report was not a financial grant and, therefore, the implementation of the report would not amount to financial grant as mentioned in the model code of conduct.