DA Case Update: Supreme Court DA Case Verdict Reserved Arrears Payment And Contempt Petition Update
DA Case Update: The long-awaited hearing of the Dearness Allowance (DA) case concerning West Bengal state government employees has concluded in the Supreme Court, and the judgment is currently reserved. As per legal protocol, once the hearing is over and written submissions are filed according to the court’s order, there is typically nothing left for either party to do but wait. Thousands of government employees are now looking towards the apex court for the final verdict.
Current Context of the Case in Supreme Court
The case is currently under the consideration of the judges. Some legal observers suggest that mentioning the case by the respondents while it is under judicial consideration might strategically benefit the petitioner, i.e., the West Bengal Government. However, this is a nuanced aspect of legal proceedings. The most significant point to note is that throughout the journey of the DA case up to the Supreme Court, there has never been a “stay order” on any previous judgment. This implies that the rulings of the lower courts still hold weight. Extensive hearings took place while the Special Leave Petition (SLP) was pending, indicating that the court is treating the matter with utmost seriousness. If the case lacked merit for admission, it could have been dismissed before such prolonged hearings.
5th Pay Commission and Financial Arguments
The Supreme Court’s order dated May 16 contains a crucial observation. It explicitly records that the rights of West Bengal government employees regarding DA were adjudicated in the Tribunal and the Calcutta High Court based on the recommendations of the 5th Pay Commission. The order notes that the argument of financial crunch repeatedly presented by the State Government was rejected by both the Tribunal and the High Court. The Supreme Court has kept its written promise to consider all aspects, including fundamental rights, and has accepted written submissions from all parties on three occasions.
Arrears of DA and Contempt of Court Issue
The payment of arrears to employees is a central part of this litigation. According to the last two judgments of the Calcutta High Court, the state was directed to clear at least 25% of the arrears due to all government employees within six weeks. However, the State Government did not comply with this written order. Due to this non-compliance, three respondents filed a contempt of court petition. The Supreme Court has tagged this contempt petition with the main SLP. Experts believe this keeps all avenues of possibility open regarding the final outcome.
Next Steps and Legal Advice
Currently, the advice from senior advocates is to wait patiently. Since the hearing has concluded and all documents have been submitted, everything now depends on the court’s verdict. It remains to be seen how the court rules to end the employees’ long wait and what directions it gives regarding the payment of DA arrears.
