Governor has the power to defer pay, pensions, says Telangana High Court

Hyderabad: The Telangana High Court on Friday refused to stay the state government’s ordinance deferring part payment of salaries and pensions to government employees for a short period.

A division bench--comprising chief justice Raghavendra Singh Chauhan and justice B. Vijaysen Reddy--said the governor has ample powers to issue such an ordinance invoking Article 213 of the Constitution, which clearly says fundamental rights of citizens can be taken away for the good of the people at large.

“It is a clash between the rights of a few individuals (pensioners) and the rights of a large number of people during an emergency. If the decision is in the public interest, fundamental rights can be abrogated,” observed the bench headed by justice Chauhan.

However, the bench issued notices to the chief secretary, secretary, legal affairs, and secretary, law and justice, directing them to respond within two weeks on the contentions made in writ petition filed by G Raman Goud, retired DFO, Nizamabad, who is aggrieved with issuance of the ordinance.

Senior counsel Satyam Reddy, representing the petitioner, informed the bench that the governor cannot issue an ordinance when there is no financial emergency. He argued that there is a difference in making a rule and issuing an ordinance. But it cannot be issued in the nature of an emergency, as such power is only vested with the president of India and not the governor.

Reacting to it, chief justice Chauhan observed, “The governor is exercising her legislative power when the house or legislature is not in session. She is competent enough to pass such an ordinance. Moreover, if the governor is of the opinion that the circumstances require promulgation of an ordinance since the legislature is not in session, the governor has ample power to promulgate such an ordinance.”