Date of Judgment:
8 July 2021
Judge:
Justice Devan Ramachandran
Parties:
Rajan E.G & Anr (Petitioner)
Kerala State Electricity Board (Respondent)
Subject
In this case, an issue was raised, concerning the payment of the pension, in the Kerala State Electricity Board.
Overview
- Rajan E G and M Kesavan Nair (retired KSEB employees) brought to the notice of the Court, an issue with respect to the payment of the pension in the Kerala State Electricity Board.
- The Kerala State Electricity Board had issued a circular authorizing a forcible deduction from retired employees' pensions towards the Relief Fund.
- Petitioners alleged that a portion of their pension is being withheld under the umbrella of a "Vaccine Challenge" linked to the Chief Minister's Relief Fund.
- The petitioners argued that they had not agreed to any contribution. Nor have they consented that their pension to be reduced for such purpose.
- Further, the KSEB argued that the circular did not intend to force retired employees to contribute any amount without their consent.
- They stated that a circular was issued based on the specific agreement of the association of pensioners that their members were willing to contribute one day's pension to the Chief Minister's Relief Fund under the 'Vaccine Challenge'.
Order analysis
- The Court observed that any contribution to Relief Funds could not be a matter of compulsion or forced compliance unless there was a valid law that sanctions such deductions.
- The Court allowed the writ petition and directed the respondents to refund the amounts deducted from the pension of the petitioners within two weeks.
- The Court further declared that no amount shall be deducted from the pension, except if they give consent in writing.
Conclusion
Three months ago, the Government launched a "vaccine challenge" after Prime Minister Narendra Modi stated that the state would be responsible for the vaccine costs of those aged 18 to 45. Kerala was the first state to object. Later, under the guise of the "vaccine challenge," the Government began taking contributions from the public. The PM later revised the policy. The Centre decided to procure vaccines for this age group as well.
