'Costs Over 80 Crores A Year' : Plea Before Kerala High Court Challenges Pensions Granted To Ministers' Personal Staff In State

A Public Interest Litigation (PIL) has reached the Kerala High Court challenging the manner of appointment of personal staff to ministers in the State and the consequent pension benefits provided to them despite having served only a couple of years in office. 

Significantly, the plea estimated that the State is currently spending at least Rs. 80 crore per annum for paying pension.

"When other benefits are included, it will be at least Rs. 10 crores. Additionally, the government spends at least Rs 40 crore a year on salaries and travel fares of personal staff," reads the petition.

This comes after Kerala Governor Arif Mohammed Khan recently unleashed an attack on the State government declaring that the pension system for ministers' personal staff is causing a huge loss to the exchequer. He had alleged that the government was coddling a section of their party cadre by recruiting them as personal staff to ministers and making them eligible for life-long pension after two years in service.

The Governor had also openly accused the ministers of changing their staff every two and a half years to ensure more people from the party are eligible for the pension benefits. This statement had snowballed into a controversy in the State, triggering discussions over ministers being given colossal staff.

The petitioner is the Chairman and Managing Director of Mennen Financial Services Ltd, a company dealing with Government Bonds. He moved the Court deeply impacted by the said revelation of the Governor. 

In the PIL filed through Advocates V. Sethunath, Manoranjan V.R and Harikumar K, it has been argued that while the State is struggling to make ends meet, 362 personal staff were directly appointed by 21 ministers and the chief whip of the state government over the last two terms.

It also states that the minimum amount required to pay their salary is about Rs 1.12 crore per month, and that a total of 1223 individuals, who served as former personal staff are currently receiving pensions from the State.

Meanwhile, the pension for those who served under the former ministry is yet to be sanctioned. Once they come under the pension scheme, the total number of pensioners will reach 1500, the plea discloses.

Since April 1984, the personal staff were made eligible for a pension through a special rule issued by virtue of a decision of the state cabinet. It was also decided that up to 25 individuals can be appointed in the personal staff of a minister, Leader of Opposition and Chief Whip and Chief Minister to the tune of 35 personal staff.

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 as per the rules. The maximum pension for personal staff is Rs 83,400, the same as that of government employees. 

The petitioner also pointed out that in most of the states, appointments are only by deputation by transfer. In fact, no state except West Bengal is giving pension, the plea contends. It has also been pointed out that the Centre is neither giving pension nor family pension to personal staff.

"Kerala is the only state to give pension and Family Pension to personal staff appointed on a Coterminus basis. Even for Family Pension, all children up to the age of 25 are also given a family pension."

Reliance was also placed on the official memorandum on the mode appointment of the personal staff of the Union Ministries to point out that only 15 personal staff are allowed for cabinet Ministers and 13 personal staff to Ministers of State. For Deputy Ministers, it is only 7 posts in the Union. There is no relaxation in Educational qualification either.

It has also been pointed out that direct recruitment to personal staff is very limited at the Centre and even in cases of direct recruitment, there is neither any pension nor Family pension for these staff in the Union or in any other state. 

The petitioner argued that as per Rule 57 of the Kerala Service Rules, Part-III, a minimum of 10 years' service is mandatory for the requirement of pension. When the personal staff is getting on completion of two years of service, such a benefit is not given to government servants, who are also appointed by virtue of Article 309 of the Constitution, it has been contended.

"There is no provision of family pension to be given to the children of the deceased Govt. Servant. Here personal staff, after termination gets pension and after commutation for 12 years and he dies, his or her spouse and will get Family Pension and children up to the age of 25 years get pension. Such a benefit is not given to a Govt. who are also appointed by virtue of art. 309 of the Constitution of India."

It has been argued that this attitude of the State is arbitrary, against public interest and irrational. 

Therefore, the petitioner has challenged the 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 ultra vires the Kerala Service Rules and Kerala Subordinate Service Rules as the educational qualification was relaxed.

As such, calling it 'clear discrimination' and violative of Articles 14 and 16 of the Constitution, the petitioner has prayed that the further appointment of Personal Staff of Ministers, Chief Whip and Opposition leader in the state be stayed except with the previous sanction of this court.

Case Title: Dinesh Menon v. State of Kerala & Ors.