DA Case Update: Sangrami Joutha Mancha Confident of Victory After Final Supreme Court Hearing

DA Case Update: The final hearing of the Dearness Allowance (DA) case for West Bengal government employees has concluded in the Supreme Court. After a prolonged legal battle, the end of the hearing has sparked new hope among state government employees regarding the verdict. Bhaskar Ghosh, the convener of the Sangrami Joutha Mancha, and their legal team have expressed strong optimism about winning the case. The apex court has reserved its judgment and has set a specific timeline for the next steps.

Key Hearing Details and Next Steps

After the hearing, the Supreme Court has reserved its judgment. This means the court has heard arguments from both sides and will now begin the process of writing the final verdict. However, a few more procedures remain before the judgment is announced.

• State Government’s Affidavit: The state government has been asked to submit its written statement, or note of submission, within the next two weeks.
• Mancha’s Rejoinder: After the state government files its affidavit, the Sangrami Joutha Mancha will have one week to file a response, or rejoinder.
• Final Verdict: The Supreme Court will announce its final judgment only after this process is complete. This means the wait for the verdict will be at least another three weeks.

Core Arguments of Sangrami Joutha Mancha’s Lawyers

The state government had argued in court that the right to DA is dependent solely on government memorandums issued from time to time and does not originate from ROPA 2009. The lawyers for the Sangrami Joutha Mancha strongly contested this claim with several key counter-arguments.

1. Source of the Right is the Service Rules: The Mancha’s lawyers clearly stated that the fundamental right to receive Dearness Allowance comes from the West Bengal Service Rules (W.B.S.R.). According to these rules, DA is an integral part of an employee’s salary and not a charitable handout.
2. Acceptance of AICPI: Since the government has accepted the All-India Consumer Price Index (AICPI) for determining employee salaries, it is obligated to provide DA based on that index. If the price index rises, the DA must also be increased proportionally.
3. Future Implications: This argument is not just crucial for the pending DA arrears case but also establishes the employees’ right to DA under ROPA 2019. Even though the state government attempted to remove the DA clause from ROPA 2019, this argument based on the Service Rules will protect the employees’ rights in the future.

Future Outlook and the Mancha’s Message

Speaking to reporters, Bhaskar Ghosh, the convener of Sangrami Joutha Mancha, stated, “After listening to the entire hearing, I can say that we will win this case.” He added that senior advocates like Gopal Subramanium and Nachiketa Joshi, along with lawyers Bikram Chatterjee and Abhijit Upadhyay, were present on behalf of the Mancha. The members of the platform believe that their compelling arguments have influenced the court.

The conclusion of this hearing is undoubtedly a significant milestone in the long struggle and wait for the state government employees. All eyes are now on the final verdict, which is expected to be announced in the coming weeks.