Forced Deduction From Pension To CM's Relief Fund Not Permissible : Kerala High Court

The Kerala High Court recently held that KSEB shall not deduct any amount from the pension granted to its retired employees towards the Chief Minister's Relief Fund under the 'Vaccine Challenge' unless they have expressed written consent to such deduction. 

Justice Devan Ramachandran during the hearing observed that any contribution to the Relief Fund cannot be a matter of compulsion or forced compliance and that the same could only be effected with full volition of the contributor, provided there was no valid law in force that sanctioned such deduction.

The writ petition filed by two retired KSEB employees and pensioners, Rajan E.G and M. Kesava Nair, challenged the unauthorised deduction from their pension towards the said Relief Fund under the Vaccine Challenge. 

The KSEB had issued circular sanctioning forcible deductions from the pension of retired employees towards the Relief Fund. The petitioners alleged that they had neither consented to make such a contribution nor for their pension to be reduced for the same. On this ground, they sought to set aside this action of KSEB and that they be paid their eligible withheld pension immediately. 

The respondents argued that they did not intend to forcibly collect any amount from any of their employees without their consent. To substantiate this argument, they also mentioned that the circular was issued solely on the basis of an agreement between the association of pensioners where they expressed their willingness to contribute one day's pension to the Relief Fund. 

However, they added that if the petitioners were not agreeable to have their contribution retained by the KSEB, then the said amount will be returned to them without any delay.

It was observed that none of the employees, both retired and serving, were under any legally sanctioned obligation to suffer any remittance under the Vaccine Challenge. Therefore, such a deduction could not be mandated without obtaining the prior approval of the retirees, the Court added.

Accordingly, KSEB was directed to refund the amount deducted from the petitioners' accounts towards the Relief Fund within two weeks. 

"I allow this writ petition with a consequential direction to the respondents to refund the amounts deducted from the pension of the petitioners within a period of two weeks from the date of receipt of a copy of this judgment, with a further declaration that no such amount shall be deducted, except if they give specific consent for the same in writing," the Court held.

Advocate P.C. Haridas appeared for the petitioners while Advocate N. Satheesh represented the KSEB in the matter. 

Case Title: Rajan E.G & Anr v. Kerala State Electricity Board 

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