KSEB can't make deductions from pension for contribution to CM Relief Fund under 'Vaccine Challenge' without retiree's consent: Kerala High Court

The Kerala High Court recently ruled that any deduction from the pension of employees towards the Chief Minister's Relief Fund must be made only if such employees give specific consent for the same (Rajan EG Vs. Kerala State Electricity Board Ltd. ). .The Court passed the judgement on a petition filed by two former employees of the Kerala State Electricity Board (KSEB) against the alleged forcible deductions made from their pensions by the KSEB to be remitted to the Chief Minister's Relief Fund. .Single-judge Justice Devan Ramachandran ordered the KSEB to refund any money so deducted and declared that KSEB must have specific consent, in writing, from its pensioners to make such deductions in future."Any contribution to the Chief Minister's Relief Fund or such other can be effected only with full volition of the contributor and cannot be a matter of compulsion or forced compliance, unless there is a valid law which sanctions such (contributions)," the Court said. .In the present case, the Court noted that the neither the KSEB nor the State has any case that petitioners are legally obligated to make such remittances under 'vaccine challenge". ."The KSEB or the State have no case – even whisperingly – that the petitioners or other employees – serving or retired – are under any legally sanctioned obligation to suffer any remittance under the 'Vaccine Challenge'. However, Ext.P1(KSEB Circular), nevertheless mandates that certain deductions will be made from the pension of the retired employees towards the Relief Fund, but without conceding to any provision herein for such deduction being done only with the prior consent of the retiree," the judgment said..Advocate PC Haridas, appearing for the petitioners, contended that under the guise of 'Vaccine Challenge' a certain portion of their pension was withheld from them. He claimed that a KSEB circular was issued with alleged sanctions for forcible deductions from the pensions due to retirees to be remitted to the Chief Minister's Relief Fund.He asserted that the petitioners had not agreed to any such contributions to the 'vaccine challenge' or consented to having their pensions reduced for any such purpose. Therefore, he requested the Court to set aside the proceedings of the KSEB circular and to direct the KSEB to pay the withheld portion of the petitioners' pensions. .Advocate N Satheesh, Standing Counsel for the KSEB, submitted that the KSEB circular in question was not issued to force any contributions from any of their employees, current and former.Instead, it was clearly issued on the basis of a specific agreement by the Association of Pensioners which said that their members are willing to contribute one day's pension, he submitted. Therefore, he requested that the circular not be set aside and assured the Court that since the petitioners have not consented to contributing, any amount deducted will be refunded to them expeditiously. .The Court observed that while the response from the KSEB would solve the issue raised in the instant case, "there is a larger question as to if a proceeding like the circular could have been issued by the KSEB at all".It stated that usually, such contributions can only be made with the explicit consent of individuals unless there is a valid law that sanctions otherwise. However, the Court opined that in this case, the KSEB circular seems to have mandated contributions without making any provision to obtain the prior consent of retirees..Justice Ramachandran, therefore, declared that the KSEB circular does not deserve curial imprimatur i.e, to be considered as a law or sanction of any significance. .The Court directed the KSEB to refund any amount withdrawn from the retirees and to not withhold any amount for such purposes in the future without the explicit written consent of the employee or retiree concerned..[Read Judgement]