BJP’s Kerala president K Surendran has, on Monday, approached the Kerala High Court against forcing government employees and beneficiaries under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) to participate in the protest march and demonstration before the Kerala Governor’s residence (Raj Bhavan) on Tuesday, 15 November.

In the petition, Surendran has alleged that “the ruling party and its allied parties” are engaged in a mass campaign to ensure maximum participation in the Raj Bhavan march, and strict directions have been given to their affiliated service organisations to ensure that all its members mandatorily participate in the protest march and dharna.

Surendran, in his petition, also alleged that government servants have been assured that they will be marked present on duty if they participate in the protest and are being compelled to join the march called by the CPI-M-led LDF. The government is “clandestinely extending all sorts of assistance” to organise the protest march, he further alleged .The beneficiaries of the Mahatma Gandhi Rural Employment Guarantee Act, 2005, are also being encouraged to participate, he further states in his petition.

Surendran has pointed out that the Kerala High Court has in Balagopalan G vs. State of Kerala and others and Chandara Choodan Nair vs. State of Kerala and others, held that Government servants have no right to participate in strikes.

He further states that it is the duty of the government of a welfare state to protect the interests of its citizens and to not slow down government work.

“No government servant can be permitted or compelled to take part in a protest against the Hon’ble Governor who is the highest Constitutional functionary and Constitutional Head of the state,”  Surendran states in his petition.

Stating that   though he has given a letter  on the matter to the Chief Secretary,Surendran  said he  apprehends that there would be no positive action on the part of the government in this regard and he prayed for a declaration that participation of government servants in the protest against the Governor is illegal.

The matter will be heard on Tuesday by a division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly.

Amid the tussle between Governor Arif Mohammed Khan and LDF government,the ruling Left Democratic Front  has organised a   protest march under the banner  of ‘Vidyabhyasa Samrakshana Koottayma’ (education protection council),against the Governor before   the Raj Bhavan here on Tuesday.