The Madras High Court last week refused to entertain a plea regarding reduction in the salaries of Government employees during the lockdown period holding that the same is a matter of government policy.
A division bench comprising of Justice M. Sathyanarayanan and Justice M.Nirmal Kumar passed the order while dismissing the PIL filed by K. Amsa Kannan, 12th Ward Union Councilor of Thiruvannamali Panchayat Union, Thiruvannamalai.
The Petitioner had sought a direction to the government of Tamil Nadu to deduct the payment of salary from the government servants as many of them were not discharging their duties due to the nationwide lockdown.
In order to support her argument, the Petitioner gave examples of various states including Telangana, Uttar Pradesh, Madhya Pradesh, Odissa, Chattisgarh and Uttarkhand who had already reduced a certain percentage of the salary from the government servants.
However refusing entertain the plea the bench said,
“In the considered opinion of the Court, the prayer sought for by the petitioner cannot be granted for the reason that the policy decision in this regard, is left with the State Government and this Court cannot issue a positive direction towards deduction of the portion of the salary.“
The court further observed, “The petitioner is neither having a statutory or legal right to compel the State Government to take a decision in this regard.“
Case Title: K. Amsa Kannan v. Govt. of Tamil Nadu
Case No.: WP No. 7505/2020
Quorum: Justice M. Sathyanarayanan and Justice M. Nirmal Kumar
Petitioner- Advocate N. Mahendra Babu;
Government Pleader V. Jayaprakash Narayanan
Read the order here: