HC quashes G.O sanctioning 2 days leave with salary for those who took part in nation-wide strike in 2019

Kochi, Feb 2 (PTI): The Kerala High Court on Tuesdayquashed a state government order, sanctioning two days leaveto its employees, including teachers, who participated in anationwide strike in January 2019, holding that it was'illegal' and 'arbitary.' A division bench, comprising Chief Justice S Manikumarand Justice Shaji P Chaly quashed the G.O. of January 31, 2019on a petition by G Balagopalan, a retired police officer, whosubmitted that the government hadcommitted ''seriousdiscrimination''by bringing out the order.

While those in the unorganised sector are forced to giveup their earnings whether they support the strike or not,thosein government service have the option to sign the attendanceregister and to boycott the call for general strike, he said.

''The order permitting casual leave for the days ofabsence by striking against the policies of the centralgovernment amounts to the state government aiding andassisting its employees to protest against the centre.

Thus state government has failed to protect itsobligation in the federal structure as enshrined in theConstitution'', the petitioner submitted.

Allowing the petition, the bench held that the order bythe Principal Secretary, Department of General Administration,was ''illegal, arbitrary, contrary to statutory provisions andtherefore liable to be interfered with by this court under Art226 of the Constitution of India''.

Keeping in mind the provisions of law,circulars/G.O.s, thePrincipal Secretary and Heads of Departments were directed bythe court to scrutinise the attendance registers and takeaction in accordance with law within two months.

The bench held that though the senior government pleaderrelied on a June 17, 2011 order of granting similar relief, itwas not impressed ''since an illegality cannot be permitted tobreed by another illegality''.