BJP State President K Surendran Moves Kerala High Court To Prevent Govt Employees, MGNREGA Workers From Participating In CPI (M)'s Raj Bhavan March

BJP State Unit President K. Surendran has approached the Kerala High Court to prevent the government employees and beneficiaries under Mahatma Gandhi National Rural Employment Guarantee Act from participating in the protest march and demonstration in front of Governor Arif Mohammad Khan's official residence on November 15.

In the petition moved through Advocate Vishnu Pradeep, Surendran has alleged that "the ruling party and its allied parties" are engaged in a mass campaign to ensure maximum participation in the protest, and strict directions have been given to their affiliated service organisations to ensure that all its members mandatorily participate in the protest march and dharna.

Surendran has alleged that government servants have been assured that they will be marked present on duty if they participate in the protest and are being compelled to join the march called by the Left Democratic Front. The government is "clandestinely extending all sorts of assistance" to organise the protest march, according to Surendran.

Citing Kerala High Court's decision in Balagopalan G v. State of Kerala and others and Chandara Choodan Nair v. State of Kerala and others, Surendran said that it has been categorically held that no right is conferred upon the Government Servants to go on strike. "Further, it is the duty of the welfare government to protect the interest of its citizens, and should not attempt to slow down government work".

The BJP leader has further alleged that in the backdrop of the straining relationship between the Governor and the state government, the ruling front has decided to organise the protest in front of Raj Bhavan on November 15 to pressurise Khan to accede to the proposals of the government. 

"The protest is being conducted under the banner of 'Vidyabhyasa Samrakshana Kootayma' and ... is being sponsored by the ruling party and its political alliance," Surendran has said in the plea.  

He has further argued that no government servant can be permitted or compelled to take part in a protest against the Governor, who is the highest constitutional functionary and constitutional head of the State.

As per Rule 86 of the Kerala Government Service Conduct Rules and Rule 14-A of the Kerala Service Rules and the circulars issued there under, the participation of government servants in strikes is prohibited, he has contended.

The petition also argues out that as per Rule 86 of the Kerala Government Servants Conduct Rules 1960, no government servant shall engage themselves in any strike or incitement or any similar activities, and the government servants should not engage themselves in any concerted or organized slowing down or attempt at slowing down government work or in any act which has a tendency to impede the responsibility and efficient and speedy transaction of government work. 

Surendran has told the court that though he has submitted a letter before the Chief Secretary, he apprehends that there would be no positive action on the part of the State. He has prayed for a declaration that participation of government servants in the protest against the Governor is illegal.

Case Title: K. Surendran v. State of Kerala