ORDER :

S.Manikumar, J.

1. Mr. S. Chandra Chooden Nair, an Advocate, has filed the instant public interest writ petition, for the following reliefs:

“i. to declare that the call for General Strike on 28th and 29th of March proposing total cessation of work by forcefully preventing citizens of the state by blocking road and rail is an unconstitutional act against the binding judgments of this Honourable Court including Bharathkumar v. State of Kerala 1997 (2) KLT 287.

ii. issue a writ in the nature of mandamus commanding the respondents 1 to 3 to issue appropriate orders/directions similar to Exhibit P5 to P7 to ensure compulsory attendance of government servants on the days of General Strike and to initiate disciplinary proceedings as per service rules against the employees abstaining from work on 28th and 29th March 2022.

iii. issue a writ in the nature of mandamus commanding the respondents 1 to 3 to issue orders directing the police authorities to invoke the provisions of Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 against any person/mob/group causing any damage or loss to the private property in connection with the rally/procession in connection with the General Strike on 28th and 29th March 2022.

iv. issue a writ in the nature of mandamus commanding the respondents 1 to 3 to declare dies-non on 28th and 29th March for the employees/government servants abstaining from work, except for medical emergencies and to initiate appropriate disciplinary proceedings and to withdraw the salary for their absence on the days of General Strike.

v. issue a writ in the nature of mandamus commanding the 1st respondent to constitute rapid action teams at the district level for the specific purpose of dealing with mob violence and destruction as directed by the Hon'ble Supreme Court in Tehseen S. Poonawala vs. Union of India, 2018 KHC 6513.”

2. Pending disposal of the writ petition, petitioner has also sought for an interim prayer directing State of Kerala, represented by the Chief Secretary to the Government; the Principal Secretary, Department for General Administration, Thiruvananthapuram and the Principal Secretary, Department of Finance, Thiruvananthapuram, respondents 1 to 3, to issue the following directions:

“1. to the State Police to take adequate measures to ensure the free movement of people and goods on 28th and 29th March 2022 and to register criminal cases as per the provisions of Indian Penal Code against persons/groups obstructing the movement of government employees.

2. to all the concerned to not disburse salary of the employees for the days of their abstention from duty from 28th to 29th March 2022.”

3. Brief facts leading to the filing of the writ petition are as under:

3.1. The petitioner seeks to bring to the notice of this Court the mala fide and illegal attempt of respondents 1 to 3 herein to aid and assist the General strike on 28th and 29th March, 2022 by permitting eligible leave with salary to the Sate Government employees taking part in the General Strike by not declaring dies non in terms of the directions of this Court in W.P. (C)No.5752 of 2019.

3.2. This Court has prohibited Bandhs in Kerala and had directed the respondents 1 to 3 herein to issue orders mandating the attendance of Government servants and declaration of dies-non on days of General Strike to mitigate the inconvenience and hardship caused to the public.

3.3. However, over the past few years, the respondents 1 to 3 herein had acted hand in glove with the trade unions and encouraged the Government servants and teachers to participate in the general strike against the policies of Central Government by offering to regularise the absence in strike days as eligible leave with salary.

3.4. In W.P.(C) No.5752 of 2019 challenging such Government order granting eligible leave and salary to the striking employees, this Court quashed the impugned order therein and directed the respondents 1 to 3 herein to verify the attendance reg