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.

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 made not eligible to the compensation leave with effect from 03.07.1970.

3. The Government later issued GO(P) No.123/2022/Fin. dated 07.10.2022 whereunder compensatory leave was denied to all Gazetted Officers. Appendix VII Part I KSR was amended by inserting the words “Gazetted Officers” alongside “Heads of Offices” as per Ext.P1 gazette notification dated 10.10.2022.

4. The petitioner states that the Kerala High Court Service Rules, 2007 govern the staff of the Kerala High Court and it do not contain independent provision relating to compensatory leave. In view of Rule 37(2) of the Rules, 2007, the provisions of KSR apply to the employees of the High Court in all matters concerning leave. Pursuant to Ext.P1, the High Court has issued Ext.P2 OM revoking the longstanding practice of compensatory leave to Gazetted Officers.

5. The Hon'ble Chief Justice directed that a communication be issued to the Government seeking exemption for the Gazetted Officers of the High Court from the operation of the amended Appendix VII. The 4^th respondent-Registrar General addressed Ext.P3 letter dated 06.12.2022 to the Government requesting that the Gazetted Officers of the High Court be exempted from the newly introduced restriction under Ext.P1.

6. The Government declined Ext.P3 request as per Ext.P4 letter dated 18.05.2023. Ext.P4 is devoid of any reason. The Government did not advert to the specific concerns highlighted by the High Court. Therefore, the Gazetted Officers submitted a representation before the Hon'ble Chief Justice. The Registrar General again addressed Ext.P5 letter dated 17.08.2024 to the Government. The Government, however, again declined the request made by the High Court as per Ext.P6 letter dated 19.12.2024. Ext.P6 also did not contain any reasons for rejecting the request.

7. The petitioner states that Government has granted exemptions from the restrictions imposed under Ext.P1 to the Gazetted Officers of several other Departments of the Government. However, in spite of the recommendations of the Hon'ble Chief Justice, the Government refused to exempt the Gazetted Officers of the High Court from the restrictive provision.

8. The 2^nd respondent filed a counter affidavit. The 2^nd respondent stated that earlier only Heads of the Offices were ineligible for compensation leave. As per Section III, Appendix VII of Part I KSR, compensation leave is granted to a government servant who attends office on public (authorised) holidays under the orders of the Head of Office in order to attend the urgent work. But, at the same time, Rule 14 of Part-I KSR clearly stipulates that unless in any case it be otherwise distinctly provided, the whole time of an officer is at the disposal of the Government which pays him and he may be employed in any manner required by proper