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ANDHRA PRADESH HIGH COURT AT AMARAVATI
M. Satyanarayana Murthy, Lalitha Kanneganti, JJ.
Dinavahi Lakshmi Kameswari - Appellant
Versus
State Of Andhra Pradesh - Respondent
Writ Petition (Public Interest Litigation) No. 128 of 2020
Decided On : 11-08-2020
The High Court held that the deferment of salary and pension of government employees and pensioners for the months of March and April 2020, due to the COVID-19 pandemic, was illegal and arbitrary, and violated the fundamental rights guaranteed under Articles 14, 15, 16, 21, and 300-A of the Constitution of India, as well as the Human Right to Livelihood guaranteed under Article 25(1) of the Universal Declaration of Human Rights.
Fact of the Case:
The petitioner, a retired District and Sessions Judge, filed a writ petition challenging the Government Orders (GOs) issued by the State Government deferring the payment of salary and pension to government employees and pensioners for the months of March and April 2020, due to the COVID-19 pandemic. The petitioner contended that the GOs were illegal and arbitrary, and violated the fundamental rights of the employees and pensioners.
Finding of the Court:
The High Court found that the GOs were not based on any authority of law, except executive fiat, and were therefore arbitrary and illegal. The Court held that the deferment of salary and pension violated the fundamental rights of the employees and pensioners, including the right to life under Article 21, the right to livelihood under Article 300-A, and the Human Right to Livelihood under Article 25(1) of the Universal Declaration of Human Rights.
Issues: 1. Whether the petitioner, a retired District and Sessions Judge, had the locus standi to file a public interest litigation challenging the GOs issued by the State Government deferring the payment of salary and pension to government employees and pensioners. 2. Whether the GOs were issued in accordance with the provisions of the Disaster Management Act, 2005, and whether they were necessary to prevent the spread of the COVID-19 pandemic. 3. Whether the deferment of salary and pension violated the fundamental rights of the employees and pensioners, including the right to life under Article 21, the right to livelihood under Article 300-A, and the Human Right to Livelihood under Article 25(1) of the Universal Declaration of Human Rights.
Ratio Decidendi: The High Court held that the petitioner had the locus standi to file the public interest litigation, as the deferment of salary and pension affected a large number of government employees and pensioners, and the petitioner was espousing their cause. The Court also held that the GOs were not issued in accordance with the provisions of the Disaster Management Act, 2005, and that they were not necessary to prevent the spread of the COVID-19 pandemic. The Court further held that the deferment of salary and pension violated the fundamental rights of the employees and pensioners, as it deprived them of their livelihood and interfered with their right to life.
Final Decision: The High Court allowed the writ petition, quashed the GOs, and directed the State Government to pay the deferred salary and pension to the employees and pensioners, along with interest at the rate of 12% per annum.
JUDGMENT
M. Satyanarayana Murthy, J. - The petitioner - Smt. Dinavahi Lakshmi Kameswari, retired District and Sessions Judge, being a pensioner, filed this writ petition under Article 226 of the Constitution of India invoking pro bono publico claiming Writ of mandamus declaring the action of the respondent authorities in deferring the salary/wage/remuneration /Honoraria on gross basis of all the Government Employees including serving and retired employees of all PSUs/Government aided Institutions /Organizations/ Universities/ Societies/Autonomous bodies semiautonomous bodies in respect of their salary/wage/honoraria/pensions, except the salary/wage/remuneration/honoraria of employees of Medical & Health Department, Police Department and Sanitation workers working in rural local bodies/urban local bodies i.e. Nagar Panchayats/ Municipalities/Municipal Corporations by way of an executive order under G.O.Ms.No.26 and 37 for deferring the salary for the months of March and April payable in April and May 2020, without declaring a financial emergency under Article 360 of the Constitution of India and without deriving any authority from any statute for the time being in force as illegal, arbitrary and violative of Articles 21 and 300-A of the Constitution of India and consequently direct the Respondent State Government to disburse the salary to all the Government Employees including the salary of serving and pension to retired employees of all PSUs/Government aided Institutions/ Organizations/ Universities /Societies/ Autonomous Bodies/Semi-Autonomous bodies etc., forthwith.
2. The petitioner is a retired District and Sessions Judge having been appointed in the year 1989 and had retired on attaining the age of superannuation in the year 2018. However, after bifurcation of the State of Andhra Pradesh into Andhra Pradesh and Telangana, the petitioner was allotted to Telangana State and had worked in the State of Telangana till her retirement. Since her pension is being paid by State of Telangana by virtue of her allotment to Telangana Judiciary, the petitioner claims that she has no personal interest in the matter so far as State of Andhra Pradesh is concerned and as such, the petitioner is entitled to file the present writ petition by way of public interest litigation espousing public cause, as most of the employees are not in a position to access to justice for redressal of their grievance independently.
3. The petitioner narrated global impact of Covid-19 being caused and declaration of lockdowns in more than 130 countries in the entire world. In view of the extreme danger to public health and safety, the Government has invoked provisions of Disaster Management Act, the Ministry of Home Affairs had issued certain guidelines. The Government of India had imposed lockdown from 14.04.2020 onwards for containment of Covid-19 pandemic, barring essential Services The respondent/State Government had issued the impugned G.O.Ms.No.26 dated 31.03.2020 deferring part of Salary/Wage/ Remuneration /Honorarium/Pension on gross basis, for the month of March, 2020 payable in the month of April, 2020 and also issued another vide G.O.Ms.No.27 dated 04.04.2020, the State Government exempted from deferment of salary to the employees of (i) Medical & Health Department; (ii) Police Department and (iii) Sanitation workers working in Rural Local Bodies/Urban Local bodies i.e. Nagar Panchayats/Municipalities/ Municipal Corporations and ordered payment of full eligible salary. Subsequently, in partial modification of G.O.Ms.No.27 dated 04.04.2020, the State Government issued G.O.Ms.No.37 dated 26.04.2020, ordering for payment of full pensions to all categories of pensioners and deferred payment of part of Salary/Wage/ Remuneration /Honorarium, for the month of April, 2020 payable in the month of May, 2020. Though such an order of the Government is laudable, it is by no stretch of imagination a bounty. However, not only the employees of the above three departme
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