Kerala High Court notice to State Govt on plea challenging pension of Personal Staff of Ministers

The Kerala High Court on Thursday issued notice to the State government on a public Interest litigation petition challenging the manner of appointment of personal staff to ministers in the State and the consequent pensionary benefits provided to them if they have served just over two years [Dinesh Menon v State of Kerala]..A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly issued notice to the Kerala Government as well as the Private Secretaries of Chief Minister Pinarayi Vijayan, Opposition Leader VD Satheesan and Chief Whip M Jayaraj. .The PIL challenged the appointment of personal staff of Ministers, Chief Whip & Opposition Leader by virtue of Special Rules promulgated under of Article 309 of the constitution of India and subsequent sanctioning government quarters, pension and family pension as against public interest, irrational, arbitrary, contrary to statutory provisions and violative of Articles 14 and 16 of the Constitution of India..The tension brewing between Kerala Governor Arif Mohammed Khan and the Kerala Government recently escalated after the Governor alleged that consecutive governments in the State have been recruiting a large number of party members as personal staff on a co-terminus basis.The tiff has spurred wide-spread debate in the State regarding the large number of personal staff allowed for ministers, all with handsome remuneration. .The PIL filed through Advocates V Sethunath, Manoranjan VR and Harikumar K, said that the petitioner, one Dinesh Menon, was deeply moved by these revelations by the Governor. It stated that while the State was struggling financially, 362 personal staff were directly appointed by 21 ministers and the chief whip of the state government, putting an immense burden on the public exchequer. The minimum amount required to pay them as salary is about ₹1.12 crore per month. A total of 1223 individuals, who served as former personal staff in Kerala, are currently receiving pension from the State. However, the petitioner estimates that once the pension for those who served under the former ministry is also sanctioned by the government, the total number of pensioners will reach 1500. "The minimum pension for personal staff is Rs 3550. If the person has two and a half years of service, he will receive this amount for the rest of his life along with 7% DA and gratuity. The maximum pension for personal staff is Rs 83,400, the same as that of government employees. It is estimated that the state is spending at least Rs 80 crore per annum for paying pension", the plea stated..It was also contended that Kerala is the only State to give pension and family pension to personal staff appointed on a co-terminus basis when even the Central government does not do the same. Moreover, while personal staff gets pension on completion of two years service, government servants, who are also appointed by virtual of Article 309, receives the same only on completion of 10 years. "This is clear discrimination and violative of art. 14 and 16 of the constitution of India. The attitude of the State of Kerala is arbitrary, against public interest and irrational," the plea stated..The plea has sought a declaration from the Court that the personal staff of Ministers, Chief Whip and Opposition Leader can only be appointed by from existing government servants in the State, local body institutions and other public sector undertakings owned by the State of Kerala.The petitioner has also challenged the relaxation of educational qualification requirement via Government Order amending Special Rules, Rule 4 A of the Special Rules of the personal Staff of the Ministers, Leader of Opposition and the Chief Whip (Amendment Rules),1994 as unconstitutional and ultravires the Kerala Service Rules and Kerala Subordinate Service Rules.In the interim, the petitioners have prayed that the further appointment of personal staff be stayed except with prior sanction from the Court. .The matter will be taken up again after two weeks.