DA Arrears: DA Order Defiance! Jail Warning for Top Bureaucrats, Says Malay Mukhopadhyay

DA Arrears: The ongoing legal battle over the pending Dearness Allowance (DA) for West Bengal state government employees has taken a decisive turn following recent proceedings in the Supreme Court. Malay Mukhopadhyay, General Secretary of the Confederation of State Government Employees, recently shed light on the implications of the court’s stance and the potential consequences for the state administration.

Risk of Contempt and Jail Custody for Top Officials

According to Mukhopadhyay, although the Special Leave Petition (SLP) was dismissed, the case remains active as a ‘Civil Appeal’. The Supreme Court has taken a stern view, indicating that non-compliance with its payment orders will be treated as direct ‘Contempt of Court’. This puts the state’s top bureaucrats, specifically the Chief Secretary and the Finance Secretary, at significant risk of facing jail custody if the administration fails to clear the dues within the stipulated timeline. The legal “lock-up” could indeed reopen for officials if delaying tactics continue.

The Roadmap for DA Arrears Payment

Despite objections from the state government’s counsel, Abhishek Manu Singhvi, the Supreme Court has outlined a strict roadmap for clearing the arrears. Based on the interview, the schedule for payment is as follows:

• March 5, 2026: The state is directed to clear 25% of the total arrears by this date.
• March 6, 2026: A decision regarding the subsequent installments will be taken.
• March 31, 2026: The first installment of the remaining 75% arrears must be paid.
• May 15, 2026: A ‘Compliance Report’ must be submitted to the court detailing the adherence to these orders.

Supreme Court Committee vs. State Committee

The state government’s formation of its own committee to review the DA issue has been dismissed as inconsequential by Mukhopadhyay. He emphasized that the Supreme Court has already constituted a high-power four-member committee comprising retired judges and top CAG officials. The state-appointed committee lacks the legal authority to override the court’s directives and can, at best, hold discussions with the SC-appointed panel.

Government Change and Legal Liability

Addressing concerns regarding political instability or elections, it was clarified that the entitlement to DA remains unaffected by any change in government. The lawsuit is against the “State of West Bengal,” not any specific political party or individual. Therefore, regardless of who is in power, the administration is legally bound to honor the court’s mandate and clear the employees’ dues. The state appears to be legally cornered, with payment being the only viable option to avoid severe judicial repercussions.