Four of the commissioners, including NHRC chief Kedar Nath Upadhyay, took the decision recently despite vehement opposition by Commissioner Dr Leela Pathak, the only woman commissioner. She maintained in minutes on the pay-hike decision which became effective from the last Nepali month, that NHRC could not assume the powers of the cabinet and decide the pay of its members.[break]
"We took the decision invoking the National Human Rights Act that says that salary and other allowances will be at par with that of justices of the Supreme Court. The commissioners´ salaries have not been increased since the last salary hike for Supreme Court judges [in 2008]," said Commissioner Gauri Pradhan, NHRC spokesperson, defending the controversial decision.
Pradhan said that the commissioners consulted legal experts and held discussions for two months before taking the decision. "We finally concluded that the decision on the pay hike confirms to the Interim Constitution," Pradhan told myrepublica.
But senior bureaucrats, who are in a position to comment on the decision, told myrepublica that a constitutional body cannot on its own increase the salaries of its office bearers.
"The decision violates provisions relating to financial laws. Only the cabinet can take a decision on pay hike," a knowledgeable bureaucrat said, commenting on the NHRC decision on condition of anonymity. "They have committed an offence subject to impeachment. It shows impunity at the NHRC."
According to existing financial laws, the Finance Ministry should be consulted before the cabinet takes any decision that creates an additional financial liability. But the NHRC commissioners did not consult the ministry.
With this decision, the NHRC chief draws Rs 63,803 per month including all allowances, Rs 22,216 up from the previous salary. However, there is discrepancy in the total salaries of the commissioners.
The telephone allowance has been increased four-fold. Commissioners will get Rs 4,800 each per month to pay their telephone bills as against the Rs 1,200 they used to get. Similarly, the house rent allowance for Commissioner Ram Nagina Singh has been increased more than three-fold. He will now get Rs 24,700. He is the only commissioner who draws a house rent allowance.
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