SC rejects Kerala govt's appeal on Salary Challenge order

New Delhi: Kerala Government in the Supreme Court on Monday suffered another setback to its attempt to salvage the Salary Challenge order from being struck down.

The appeal filed by Kerala government on the 'Salary Challenge' against the interim order of Kerala Hich Court, was rejected by Supreme Court. The Court said that the government, if it so wishes, can issue a new notification amending the provision of the previous order by the apex court's bench led by Justice Arun Mishra.

'Salary Challenge' denotes the order issued by the state government mandating its employees to contribute one month's salary for flood-relief fund, exempting those who request exemption in writing.

The court was hearing the appeal filed by Kerala government against the High Court judgement saying that non-willing employees need not submit no-consent document.

The Supreme Court ratified the High Court's decision that no-consent paper need not be filed, and said that it does not want to interfere with the Hich Court's interim order. The bench wondered why those who did not donate funds and those who did not submit no-consent paper be subjected to an insult.

The court criticised the state government in the matter, also asking how one could be sure that the funds deducted would be spent for flood relief alone. It also pointed out that judges of the Supreme Court and high court had contributed to it and it was all voluntary. The bench commented that a donation comes from from an attitude and how a government could impose that, and any provision imposed cannot be accepted.

The government's counsel asked how the government could know who were all willing to contribute to which the court answered that there can be a paper for consent to contribute and on the contrary why should the government force non-contributors to submit no-consent. Justice Mishra said that such a step that amounts to an insult on employees and cannot be accepted.