Kochi: The Registrar General of Kerala High Court has written to the chief secretary of state government saying that the salaries of the judges cannot be varied or deferred through an executive order.
In the letter, the Kerala High Court Registrar General said that as per Article 221 of the Constitution of India, the salaries are paid to the judges as determined by the Parliament and they shall not be varied to their disadvantage after the appointment.
“The salaries and allowances of the Chief Justice and Judges of the Kerala High Court cannot be varied or deferred by the government, through an executive order,” the letter said.
Kerala government had decided to defer 6-day salaries of state government employees for a period of five months in view of the coronavirus crisis.
The move was stayed by Kerala High Court on Tuesday for two months.
However, Kerala Finance Minister T M Thomas Isaac said, “The state government has taken the decision on the ordinance as per the Kerala High Court order. We could have gone for an appeal. But, the court said that the government order on deducting salary does not have a legal backing. So, we have decided to make it legal.”
The Registrar General said that the Chief Justice of Kerala High Court has already taken the initiative to collect donations from the judges for Chief Minister Disaster Relief Fund.
“Hence, the Chief Justice has directed the registry to inform the same to the government and to take necessary steps to exclude the judges of the High Court. In the above circumstances, it is requested to take necessary steps to exclude the Chief Justice and judges,” the letter said.