Kerala - Kochi   

Directive on salary bills of High Court staff High Court Round-up

Kochi: The Kerala High Court on Monday held that the Government was bound by the new Rule 37(1) of the Kerala High Court Services Rules, 2007 enhancing the retirement age of High Court employees from 55 to 58.

Justice K. Balakrishnan Nair made the observation while allowing writ petitions filed by some employees of the High Court.

They were allowed to continue in service on the strength of the new rule. However, their salary bills were not honoured by the treasury office as the Government refused to issue instructions to the Accountant-General and the Treasury Officer in this respect. The Government contended that going by the interpretation of Article 229(2), approval of the Governor was necessary for additional financial commitment. The increase in retirement age would result in additional financial commitment and, therefore, approval of the Governor/ Government was mandatory, it said.

The Court said it was unnecessary to decide whether the enhancement of retirement age was a matter involving additional financial commitment.

The rule on retirement age had been validly made by the Chief Justice. The Government was bound to respect it.

The Court directed the State Government to issue necessary directives to sub-treasury officers to honour the salary bills of the petitioners, preferably before the Onam holidays or within one month.

The All Kerala Government Contractors Association said contractors would start the repairing work of roads within 15 days if the Government paid the arrears for the works done in 2005 and 2006. In an affidavit seeking to implead in a road repair case, the Association said that Public Works Department (PWD) contractors had not started any agitation against non-payment of dues.

The repair works undertaken earlier were on. They had not been participating in fresh tenders since July 2007.

The petition sought a directive to the Government to pay the arrears due to contractors.

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