SC orders Bengal to pay 25% Of DA pending dues to state govt employees

The WB government employees have long time demanding of dearness allowance at the rate of the central government.

SC orders Bengal to pay 25% Of DA pending dues to state govt employees


New Delhi: The Supreme Court has asked the state government employees to pay 25 percent of the outstanding dearness allowance (DA) for the time being within four weeks. On Friday, a bench of Justices Sanjay Karol and Manoj Mishra gave this order. The next hearing of the case will be held in August. In an initial reaction to this order, the West Bengal Minister of State for Finance Chandrima Bhattacharya said, "I have not received the order yet. I will tell you what I will say after receiving it."

The WB government employees have long time demanding of dearness allowance at the rate of the central government. The tribunal and the Calcutta High Court ruled in their favor. The state government went to the Supreme Court against that verdict. The last hearing of the case was on November 28, 2022. After the hearing was postponed 17 times since then, a thirty-minute hearing was held on Friday. Initially, the bench told the state that the matter has been pending for a long time. Now settle 50 percent DA. In response, the state's lawyer Abhishek Manu Singhvi said, "It is not possible to settle 50 percent DA. It will break the state's back financially." He told the court today that dearness allowance is not a constitutional right of government employees. The court's counter-explanation was that not paying money day after day is also not a good idea. Then, considering the financial situation of the state and the situation of government employees, the Supreme Court gave an interim order to settle the 25 percent outstanding DA. The rest will be seen in the next hearing.

The DA activists, WB state employees are happy with this decision of the Supreme Court. The general secretary of the main plaintiff, Confederation of State Government Employees, West Bengal, Malay Mukherjee said, "Today's interim verdict has established that dearness allowance is a constitutional right of employees. This victory is a victory for everyone. The state employees were suffering huge financial losses for a long time, this verdict has given them some relief, and our hopes have also increased before the next hearing." Bhaskar Ghosh, one of the conveners of the Sangrami Jautha Manch, told a media outlet, “The state government has been denying the dearness allowance that employees are entitled to for so long. The Supreme Court has recognized that we are entitled to it. I hope we will get the full DA after the trial.” Lawyer Vikas Ranjan Bhattacharya said, “It is difficult to understand why the state is crying about no money, no money. Temples can be built, donations can be made for pujas, money can be given to clubs but the employees cannot be given their dues?”

It is worth noting that state government employees currently receive DA at the rate of 18 percent. The difference between them and the center is 35 percent. A few months ago, Chief Minister Mamata Banerjee announced a four percent increase in DA during her budget speech. After that, DA increased from 14 percent to 18 percent. That increased DA came into effect from April 1.

Pratap Naik, convener of the TMC-backed State Government Employees Federation, said, "The Supreme Court's order has not yet reached us. The center has deprived the state financially in various ways. Moreover, the central employees do not get the facilities and benefits that state government employees get. However, our Chief Minister has given DA in the past, is giving it now, and will give it in the future too." On the other hand, Debashis Pal, president of the BJP-backed Government Employees Council, said, "This is a victory for the deprived government employees, teachers, non-teaching staffs, and pensioners of West Bengal. State opposition leader Shuvendu Adhikari has provided unprecedented cooperation to the council in the legal battle in the Supreme Court. We will win in the next hearing as well. There is no doubt about getting the remaining 75 percent. DA is never possible without a legal battle. That has been proven." Incidentally, this case was originally filed demanding outstanding dearness allowance as per the Fifth Pay Commission's Ropa 2009. The government will have to pay the dearness allowance backlog from July 1, 2009 to January 1, 2019.

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