Government employees elected as Panchayat Presidents cannot claim salary

Kerala High Court Rules Against Dual Salaries for Government Employees Elected as Local Body Heads. Government employees serving as Panchayat Presidents or Municipality Chairpersons entitled only to leave salary, not dual benefits.

In a significant ruling, the Kerala High Court, in the case of State of Kerala v. Khadeeja V, has clarified the financial entitlements of government employees who are elected as Panchayat Presidents or Chairpersons of Municipalities. The Division Bench, comprising Justices Anil K. Narendran and Muralee Krishna S., set aside a previous judgment that allowed such officials to receive both their regular salary and an honorarium for their additional roles in local government.

The case revolved around Khadeeja V, a government school headmistress who was elected as the President of the Madavoor Grama Panchayat. She had continued to draw her salary as a headmistress while also receiving an honorarium for her role as Panchayat President. This dual compensation was challenged by the State of Kerala, leading to the current appeal.

The court examined the relevant provisions under the Kerala Panchayat Raj Act, 1994, and the Kerala Municipalities Act, 1994, alongside government orders that govern the leave policies for such dual roles. Notably, the court referenced a government order from 2008, which stipulated that employees must take leave from their parent department and are only entitled to receive leave salary, not dual salaries.

Furthermore, the court addressed the violation of Section 27 of the Right of Children to Free and Compulsory Education Act, 2009, which restricts teachers from engaging in non-educational duties, except under specific circumstances. The court concluded that the respondent's simultaneous roles were not permissible under the said Act.

Reversing the earlier decision, the court held that the respondent was not entitled to claim both a salary as a headmistress and an honorarium as Panchayat President for the same period. The court emphasized that government employees in such positions must adhere to the established leave policies, which only allow for leave salary from their primary employment.

This ruling underscores the importance of adhering to government orders and statutory provisions when public servants take on additional roles in local governance. It reinforces the principle that public service roles must be executed in compliance with existing legal frameworks, ensuring accountability and transparency in public administration.

Bottom Line:

Government employees elected as Panchayat Presidents or Chairpersons of Municipalities cannot claim dual benefits of honorarium and salary for the same period; they are entitled to only leave salary from their parent department as per Government orders.

Statutory provision(s): Kerala Panchayat Raj Act, 1994 Section 153(10), Kerala Municipalities Act, 1994 Section 10(1), Right of Children to Free and Compulsory Education Act, 2009 Section 27.

State of Kerala v. Khadeeja V, (Kerala)(DB) : Law Finder Doc Id # 2800282