Court Orders State to Reconsider Denied Compensatory Leave for Gazetted Officers in Light of Constitutional Provisions
In a significant ruling that reinforces the independence of the judiciary, the Kerala High Court has declared the government's denial of compensatory leave to Gazetted Officers of the High Court as illegal and arbitrary, citing violations of Article 229 of the Constitution of India. The judgment, delivered by Justice N. Nagaresh, emphasizes the constitutional authority of the Chief Justice in the internal administration of the High Court, mandating the State to reconsider its previous stance.
The case was brought forward by the Kerala High Court Gazetted Officers' Association, which challenged the amended Kerala Service Rules that excluded Gazetted Officers from compensatory leave. Traditionally, compensatory leave was granted to officers required to work during public holidays, ensuring a work-life balance. The amendment, effective from October 2022, placed Gazetted Officers alongside Heads of Offices in the category ineligible for such leave.
The petitioners argued that the High Court's unique operational requirements, including necessary work during major holidays such as Onam and Christmas, warranted the continuation of compensatory leave for its officers. Despite recommendations from the Chief Justice advocating for exemptions, the State denied these requests without providing substantial reasons, prompting legal action.
Justice Nagaresh, referencing precedents from the Supreme Court, highlighted the necessity for the government to consider the special nature of judicial work, which the Chief Justice is uniquely positioned to understand. The ruling underscored that the executive cannot disregard recommendations from the Chief Justice, a constitutional authority exercising control over the High Court's establishment.
The judgment also referenced previous Supreme Court rulings, including the High Court Employees Welfare Association v. State of W.B. and Union of India v. S B Vohra, which advocate for the acceptance of judicial recommendations unless exceptional reasons justify deviation.
Furthermore, the court pointed out the functional differences between the High Court and other government departments, with continuous administrative and judicial activities necessitating Gazetted Officers' supervision even during holidays. This operational reality, coupled with the constitutional scheme under Article 229, was deemed sufficient ground for reconsideration of the State's decision.
Justice Nagaresh directed the State to reconsider the proposal from the High Court establishment, aligning with the constitutional provisions under Article 229 and the Chief Justice's recommendations. The State is required to issue revised orders within three months, potentially setting a precedent for future disputes regarding judicial administration and independence.
This judgment is a pivotal affirmation of the judiciary's autonomy, ensuring that executive decisions do not undermine the operational integrity and administrative independence essential for the judiciary's function within India's democratic framework.
Bottom Line:
Denial of compensatory leave to Gazetted Officers of the High Court was held to be illegal, arbitrary, and violative of Article 229 of the Constitution of India. Recommendations of the Chief Justice concerning internal administration of the High Court cannot be disregarded by the Executive.
Statutory provision(s): Article 229 of the Constitution of India, Kerala Service Rules, Kerala High Court Service Rules 2007
