Pay commission can’t be demanded every five years: Kerala HC
The Kerala High Court on Tuesday made it clear that government employees can’t legally demand pay revision every five years. HC said the government appoints pay revision commission not on the basis of any rule and if the government appoints the commission each year, that does not mean that it’s a right of the government employees, said justice TR Ramachandran Nair . He said recommendations of the commission would be implemented as per government wish.
It would be implemented based on the financial condition of the government. If that is not implemented then it cannot be said as against constitution. The appointment of pay revision commission and implementation are policy decisions of the government. When the government implements the recommendation, the state government employees and other retired officials cannot demand implementation of it with retrospective effect.
The court cancelled a group of petitions seeking such demands. The pay revision committee is like an expert committee and the commission takes the decision after analyzing the financial position of the government. So usually the court never intervenes in their decisions. But if the decisions are found to be one sided, the court can intervene. The petitioners, who retired from service between March 2002 and June 2004, sought the benefits of the eighth pay commission. The recommendation of the commission was implemented from July 2004.
Source : Matrubhumi