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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Kerala High Court Gazetted Officers' Association – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. impact of ksr amendments on gazetted officers' leave. (Para 1 , 2 , 4) |
| 2. rejections of exemption requests from the government. (Para 5 , 6 , 7) |
| 3. high court's unique work-related demands and compensatory leave. (Para 12 , 14) |
| 4. need for governmental respect for judicial recommendations. (Para 15 , 16 , 20) |
| 5. court's ruling affirming the petitioner's claims and rights. (Para 21) |
JUDGMENT :
N. NAGARESH, J.
1. The petitioner is a registered Association representing Gazetted employees of the High Court of Kerala. The petitioner states that the Government unjustifiably amended the Kerala Service Rules to include Gazetted Officers among those ineligible for compensatory leave, ignoring their duties and extended working hours.
2. The petitioner states that under Appendix VII of Part I KSR, compensation leave was conceived as an essential protective measure to ensure adequate rest and work-life balance for government servants who are required to attend duty on public holidays under the orders of 'Heads of the Department'. From the very beginning, compensatory leave was made uniformly available to all officers irrespective of cadre or rank, but the 'Heads of Offices' were mad
The denial of compensatory leave to Gazetted Officers by the government was found to be illegal and arbitrary, infringing their rights under Article 229 of the Constitution.
The denial of compensatory leave to Gazetted Officers was found to be illegal and arbitrary, violating Article 229 of the Constitution.
Executive cannot override the judiciary's authority in service matters; re-designations approved by the judiciary should be respected by the executive.
The Chief Justice has exclusive authority to set pay and service conditions for court employees under Article 229(2), and financial constraints cannot justify the refusal of approval for such determi....
The Chief Justice's recommendations for pay scales under Article 229 must be approved by the state unless there are strong reasons for refusal, emphasizing the principle of equal pay for equal work.
Article 229 (2) of Constitution of India nowhere prescribes or indicates any particular form in which rule should be framed nor does it prescribe any formality required to be gone through.
Point of Law : Rule 88(i) of Part I KSR is a general provision which stipulates that except in the case of an officer in permanent employment, the duration of leave without allowances shall not excee....
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