DA News Kerala: Dearness Allowance Is Not A Legal Right Says Kerala Government In High Court Citing Financial Crisis

DA News Kerala: Amidst the long-standing demands of government employees regarding Dearness Allowance (DA), a startling development has emerged from southern India. The Kerala government has explicitly stated in the High Court that receiving DA is not a legal right of government employees. The state administration argued that the disbursement of this allowance is entirely dependent on the financial condition of the state. This stance by the Kerala government holds significant relevance when compared to the ongoing DA agitation in West Bengal.

Financial Crisis and Government’s Argument

During the hearing of a case filed by non-teaching staff of a government university in Kerala, the state government clarified its position. The LDF government, led by Pinarayi Vijayan, submitted an affidavit stating that the state is currently going through a severe financial crisis. Under these circumstances, clearing the massive amount of DA arrears is practically impossible for the government. The key arguments presented were:

• Policy Decision: Whether to grant DA or not is entirely a policy decision of the government. It is not a mandatory legal obligation.
• Financial Capability: Dearness Allowance is directly linked to the state’s financial health. If funds are scarce, paying DA is not feasible.
• Not Automatic: Although DA is linked to the Price Index to combat inflation, it cannot be claimed as an automatic entitlement.

Questions on Judicial Interference

The state government raised another crucial point in court regarding the role of the judiciary. According to them, judicial interference in matters related to DA should be limited. If court orders force the state to pay arrears, creating an excessive financial burden, it could disrupt the normal functioning of the administration. Essentially, the government implied that administrative and fiscal policy-making should remain with the executive branch, not the judiciary.

High Court’s Observation

Despite the government’s tough stance, the Kerala High Court did not leave the employees completely without hope. The court observed that the government cannot indefinitely evade its responsibility by citing a financial crisis. The court has directed the state to present a clear timeline or plan regarding when the arrears could potentially be cleared, asserting that the issue cannot be ignored entirely.

Relevance to West Bengal

The position taken by the Kerala government mirrors the situation faced by government employees in West Bengal. In the case of West Bengal, the state government has repeatedly presented similar arguments in court. From the Calcutta High Court to the Supreme Court, the state has maintained that DA is not a ‘right’ of the employees but is dependent on the government’s discretion and the condition of the state treasury. Currently, the West Bengal DA case is pending in the Supreme Court, with lakhs of government employees eagerly awaiting the final verdict.