DA Case Hearing: Inconsistencies in State’s Arguments, Case Moves Towards Complete Justice!
DA Case Hearing: The hearing on the Dearness Allowance (DA) case continues in the Calcutta High Court. In the latest hearing, several inconsistencies have reportedly been found in the arguments of the state government’s lawyers. At the same time, the case is moving towards establishing ‘Complete Justice’ rather than just contempt of court, which is a significant ray of hope for the state government employees.
Inconsistencies in State Government’s Arguments
During the hearing, multiple lawyers argued on behalf of the state government. According to the petitioner’s counsel, several contradictions were observed in the arguments presented by the state’s lawyers. For instance, one lawyer argued that the court cannot compel the government to formulate specific rules for DA payment. However, another senior counsel stated that if the DA is to be paid, the government would need to borrow a substantial amount of money, which requires a specific procedure. These two contradictory arguments are believed to have weakened the state’s position.
The Court’s Stern Stance
During the hearing, Justice Prashant Kumar Mishra and Justice Sanjay Karol showed a firm stance on the implementation of the interim order. When the state government cited the amount and calculation complexities, Justice Karol suggested that a lump sum amount be paid, even if it’s an ‘X amount’. This comment from the court makes it clear that it understands the state government’s delay tactics in paying the DA.
The Path to ‘Complete Justice’
According to the lawyers, this case is no longer limited to contempt of court or the recovery of 25% of the arrears. The court is moving towards establishing ‘Complete Justice’, which means a permanent solution to the DA problem. This would prevent state government employees from having to repeatedly approach the court.
Is DA a Legal Right?
The state government has repeatedly claimed that DA is not a fundamental right. However, the petitioners’ lawyers have emphatically stated that it is a ‘legally enforceable right’, which is equivalent to a fundamental right.
Next Steps
The final verdict in this case could lead to the dismissal of the state government’s Special Leave Petition (SLP) and an order to pay 100% DA according to the AICPI (All India Consumer Price Index). The petitioner organizations are fully prepared with their arguments and are quite confident about winning the case.
The final judgment in this case could bring a major victory for the state government employees and fulfill their long-standing demand. The hearing will continue tomorrow. It remains to be seen when the court will deliver this historic verdict.
