High Courts Function Even On Holidays; Denial Of Compensatory Leave To High Court Gazetted Officers Illegal Under Article 229; Kerala High Court
Safiya Malik
The High Court of Kerala Single Bench of Justice N. Nagaresh on Wednesday (January 28, 2026) held that denying compensatory leave to the High Court’s Gazetted Officers is illegal, arbitrary and violative of Article 229 of the Constitution. In a petition by an association representing these officers, the Court considered the challenge to the State’s policy change and the consequent refusal to exempt High Court Gazetted staff from the restriction on compensatory leave for duty performed on authorised holidays. Noting that High Court administration and vacation sittings continue during major holidays such as Onam and Christmas, requiring Gazetted Officers to supervise and ensure completion of essential work, the Court set aside the Government’s rejection communications and directed the State to reconsider the High Court’s proposal and pass orders within three months.
The petitioner, a registered association representing gazetted employees of the High Court of Kerala, challenged denial of compensatory leave to gazetted officers after the Government amended Appendix VII of Part I of the Kerala Service Rules to include “Gazetted Officers” among those ineligible for compensatory leave. The judgment records that compensatory leave had been conceived as a measure for government servants required to attend duty on public holidays under orders of Heads of the Department, and that Heads of Offices were made ineligible with effect from 03.07.1970.
The Government issued GO(P) No.123/2022/Fin dated 07.10.2022 and amended Appendix VII by Ext.P1 gazette notification dated 10.10.2022. The Kerala High Court Service Rules, 2007 were stated to govern High Court staff, with Rule 37(2) applying KSR provisions on leave; the High Court issued Ext.P2 revoking compensatory leave practice for gazetted officers.
The Registrar General sent Ext.P3 (06.12.2022) seeking exemption for High Court gazetted officers from the amended restriction; the Government declined by Ext.P4 (18.05.2023). A further request by Ext.P5 (17.08.2024) was again declined by Ext.P6 (19.12.2024). The counter affidavit referred to Rule 14 Part I KSR and described compensatory leave as an additional benefit, asserting policy power to restrict it and disputing claims of wide exemptions.
The Court recorded the petitioner’s grievance that “the Government unjustifiably amended the Kerala Service Rules to include Gazetted Officers among those ineligible for compensatory leave, ignoring their duties and extended working hours.” It noted the statutory change: “The Government later issued GO(P) No.123/2022/Fin. dated 07.10.2022 whereunder compensatory leave was denied to all Gazetted Officers. Appendix VII Part I KSR was amended by inserting the words ‘Gazetted Officers’ alongside ‘Heads of Offices’ as per Ext.P1 gazette notification dated 10.10.2022.”
On applicability of KSR to High Court staff, the Court stated: “the Kerala High Court Service Rules, 2007 govern the staff of the Kerala High Court and it do not contain independent provision relating to compensatory leave. In view of Rule 37(2) of the Rules, 2007, the provisions of KSR apply to the employees of the High Court in all matters concerning leave.” It recorded that “Pursuant to Ext.P1, the High Court has issued Ext.P2 OM revoking the longstanding practice of compensatory leave to Gazetted Officers.”
The Court noted the High Court’s request for exemption and the Government response: “The Government declined Ext.P3 request as per Ext.P4 letter dated 18.05.2023.” It recorded: “Ext.P4 is devoid of any reason.” It similarly stated: “The Government… again declined the request… as per Ext.P6 letter dated 19.12.2024. Ext.P6 also did not contain any reasons for rejecting the request.”
The Court described what was stated in Ext.P3, including: “In High Court, the functional realities are materially different from other Government Departments. Administrative and judicial work continues even during major holidays such as Onam and Christmas. Even during holidays, vacation sittings are held, which require the full process of filing, scrutiny, allocation of cases, issue of orders and even clearing of pendency. Indexing and processing of disposed files are usually done during this holiday period. The Gazetted Officers of the High Court are required to supervise, coordinate and ensure completion of all such duties… It is declared that denial of compensatory leave to the Gazetted Officers of the High Court under Ext.P1 is illegal, arbitrary and violative of Article 229 of the Constitution of India.”
The Court recorded the constitutional context: “The object of Article 229 of the Constitution of India is to secure independence of the High Court… by giving the High Court the absolute control over its staff… and free from interference by the Government.” It stated: “respondents 1 to 3 are not justified in rejecting the request made at the instance of the Hon'ble Chief Justice of the High Court.” It further recorded: “The recommendations of the Chief Justice in matters concerning internal administration and functioning of the High Court cannot be disregarded by the Executive.”
The Court ordered: “Exts.P4 and P6 communications are set aside. It is declared that denial of compensatory leave to the Gazetted Officers of the High Court under Ext.P1 is illegal, arbitrary and violative of Article 229 of the Constitution of India.”
“Respondents 1 to 3 are directed to reconsider the proposal of the High Court establishment in strict conformity with the constitutional scheme under Article 229 and in the light of the recommendations made by the Hon'ble Chief Justice. Orders in this regard shall be passed within a period of three months.”
“The writ petition is disposed of as above.”
Advocates Representing the Parties
For the Petitioners: Shri. Mathews K. Nelluvely, Advocate; Shri. Reji Mathew.M, Advocate; Shri. Mathew Varghese, Advocate; Shri. Joel Reji Mathew, Advocate; Shri. Andrew Mathews, Advocate.
For the Respondents: Sri. P.K. Babu, Special Government Pleader (Finance); Sri. Aneesh James, Advocate.
Case Title: Kerala High Court Gazetted Officers’ Association v. State of Kerala and Others
Neutral Citation: 2026: KER:6576
Case Number: WP(C) No. 45866 of 2025
Bench: Justice N. Nagaresh
