DA Case Update: Employees File Written Submission, Pressuring State Government with Final Demands

DA Case Update: The Dearness Allowance (DA) case concerning state government employees has taken a new turn. A final written submission has been filed in the Supreme Court on behalf of the employees, by Confederation of State Government Employees which could play a crucial role in determining the future of this case. In this report, we will highlight the latest developments in the DA case and the primary grounds for the employees’ claims.

Background of the Case

Government employees of West Bengal have long been demanding DA at the central government’s rate. This case has progressed from the State Administrative Tribunal (SAT) and the Calcutta High Court to the nation’s highest court, the Supreme Court. The core complaint from the employees is that the state government is depriving them of the DA rate announced by the central government, which they assert is their legal right.

Employees’ Key Arguments

In the written submission to the Supreme Court, several critical arguments have been put forth by Confederation of State Government Employees. These include:

• DA is a right, not a charity: The employees’ lawyers have unequivocally stated that DA is not a form of charity but a legal entitlement. The Calcutta High Court had previously affirmed DA as an employee’s right in a prior judgment.
• Demand for DA at the central rate: The employees insist that the state government must provide DA at the same rate as the central government pays its staff. Currently, a significant disparity exists between the DA rates of the West Bengal government and the central government.
• Reference to ROPA Rules 2009: According to the state government’s own Rules of Pay (ROPA) 2009, DA is supposed to be determined based on the All India Consumer Price Index (AICPI). The employees allege that the state government is failing to adhere to this rule.
• Discrimination compared to other regions: State government employees working in Delhi and Chennai receive DA at a considerably higher rate than their counterparts in West Bengal. By highlighting this discrepancy, the employees aim to justify their claim.
• State government’s delaying tactics: The employees accuse the state government of repeatedly attempting to prolong the legal proceedings and failing to disburse DA payments on time.

State Government’s Stance

On the other hand, the state government has consistently cited financial constraints. Their argument is that the state’s current financial condition is not favorable for providing DA at the central rate. The state government considers the payment of DA a discretionary matter.

Future of the Case

Legal experts believe this final submission by the employees could significantly influence the trajectory of the DA case. All attention is now focused on the Supreme Court. The future of millions of government employees in West Bengal hinges on the verdict delivered by the apex court. The outcome of this case could set a precedent not only for West Bengal but for other states as well. The employees remain optimistic that the Supreme Court will recognize their rights and direct the state government to clear all pending DA arrears.