Pankalitha Pension-a dissenting memorandum to governor of kerala
MEMORANDUM SUBMITTED BY THE UNDERSIGNED BEFORE HIS EXCELLENCY SRI HANS RAJ BHARDWAJ, GOVERNOR IN CHARGE OF KERALA
At the outset, we express our love and respect to your Excellency, the Governor in charge of the state of Kerala, the noble son of modern India and a punctilious statesman who has a noble vision of One India and One people, and a forefront fighter for Constitutionalism and rule of law with staunch belief in the institutionalized mechanism for the protection of the interests and liberty of the citizens, including that may be of the minority.
We hope that your Excellency is aware of that on 31st day of August of 2004 the office of the Governor of Kerala became a honourable institution of Indian Republic as the former His Excellency the Governor of Kerala Sri R L Bhatia gracefully extended the benefits and fruits of the Constitutional form of governance also to the people of Kerala, a linguistic minority of India, by allowing the ministers designate of the Cabinet headed by Sri Oomen Chandy to assume office taking an oath/affirmation of office as per the third schedule of the Constitution of India as mandated in the Constitution ,discarding the extant practice of allowing them to usurp office by taking a forged text of oath/affirmation of office. This forged oath/ affirmation in Malayalam language was incredibly shocking and inhuman as the ministers designate vowed to do right to all manner of people without love(sneham koodathe) instead of without favour (pakshapadam koodathe).The cruelties and brutalities were so severe that during this period of governance based on this savage oath, suicide of the entire people of families always grabbed headlines of the newspapers of Kerala. Agitations for land and livelihood of the adivasis were crushed in diabolic manner with the guns and lathis of the state ,compelling them to flee to other states in shock and awe. .Their wimpering voice was not heard by national or international human rights forums.During this catastrophic phase of the political history of Kerala,the population of this state in India were denied the basic human rights and honourable status of citizens of India with all beneficial entitlements.
Even though the prestige and dignity and honour of three crore plus of Malayalis of Indian Republic were severely wounded(Ironically the preamble of our Constitution guarantees the dignity of even an individual of our nation) as well as life and livelihood of Aam admi was imperiled during this period of governance without law and love in violation of international conventions of human rights, no authority responsible to defend the honour of the Constitution has expressed any regret or remorse for this gross injustice ,let alone tendered an apology .An exemplary and decent conduct of Indian Nation on this gross injustice would have soothed and comforted the soul of Mahatma Gandhi ,the father of our Nation, who lived and martyred for human love and brotherhood. This also would have healed the wounds, due to this injustice to the people of kerala on the souls of thousands of our selfless countrymen who suffered the brutalities and even made supreme sacrifices with blood and life during our freedom struggle. The period of unconstitutionalism in the governance of the state of Kerala still remains as a black hole in the Constitutional history of our Republic.
We have made the above narration of the shameful political history of Kerala in the light of the present manifestations of dirty trappings of unconstitutionalism and perverted rule of law of yester- years, in the governance of the state led by the Hon’ble Chief Minister Sri Oomen Chandy. It is a fact that the Government order introducing contributory pension scheme issued by the ministry led by the defacto former Chief Minister Sri A K Antony during the year 2002 was legally challenged by state Govt employees, and this matter is pending before the Hon’ble Supreme Court of India (SLP No 7000/2006). Hence the Antony ministry or the previous Ministry headed by Sri V S Achuthanandan had not ventured to implement the above scheme showing due respect to the authority of the Hon’ble Supreme Court. Sri Oomen Chandy also in his earlier avatar as Chief Minister of Kerala refrained from implementing this scheme. But as per Government order No (P) 441/2012/Fin dated 08/08/2012 by the present ministry headed by Sri Oomen Chandy, this scheme will be introduced from 1st April 2013.The present Chief Secretary of Kerala Sri Jose Cyriac who is habitually hawkishly alert not to miss an opportunity to mislead innocent ministers of Kerala to defeat Constitutional form of Governance, is hellbent to implement this scheme under the Judicial scrutiny of the Hon’ble Supreme Court of India.(A case is pending against this IAS officer(OPNo32509/2009) for drawing a huge amount from the state exchequer ineligible to him during his earlier avatar as Principal Secretary(Finance),before the Hon’ble High Court of Kerala)
It is a universally recognized fact that is approved by the founding fathers of our nation that the hallmark of constitutional democracy is the authority vested with the judiciary to oversee the actions of the Executive Government. Hence, normally the fair and honourable way of behavior of a democratic Government will be to comply with the doctrine of Lis Pendens and refrain from undermining the authority of judicial oversight contemplated in our Constitutional scheme. But by issuing order on the implementation of contributory pension for the state govt employees of Kerala, Oomen Chandy Govt has violated the doctrine of Lis Pendens and thereby ridiculed the judicial oversight authority of the Supreme Court of India.
In these circumstances, we beseech your authority to direct the Chief Minister of Kerala to withdraw this order and apologise to the nation for ridiculing the authority of the Supreme Court of India. We also pray Your Excellency, the superior Constitutional authority of State of Kerala, to dissuade and prohibit any overzealous move by power wielding authorities to legislate this contributory pension scheme to circumvent the noble doctrine of Lis pendens.
With immense faith and trust
