DA Case West Bengal: Victory Likely for State Employees? Sangrami Joutho Mancha’s Written Submission Creates a Stir

DA Case West Bengal: The Dearness Allowance (DA) case for West Bengal state government employees has taken a new turn. The written submission has been filed in the Supreme Court by the Sangrami Joutho Mancha, which experts believe has significantly brightened the prospects of victory for the employees in this long-standing battle has taken into the public domain. This submission presents several arguments and facts that could weaken the state government’s position.

What’s in the Written Submission?

The submission by the Sangrami Joutho Mancha primarily focuses on a few key points:

• Legal Right: The submission emphasizes that DA is a legal right of state government employees, not a charity or grant from the government. The government is legally obligated to provide DA in line with inflation, as per the All India Consumer Price Index (AICPI).
• ROPA Rules: According to the West Bengal government’s own ROPA (Revision of Pay and Allowances) Rules, 2009, the DA is supposed to be determined based on the AICPI. The submission points out that the state government is itself violating this rule.
• Rebuttal of Financial Incapacity: The state government has repeatedly cited financial inability as a reason for not clearing DA dues. However, this submission presents data to show that this is a baseless argument. West Bengal’s financial situation is comparable to, or better than, many other states that are paying higher rates of DA.
• Comparison with Other States: Examples of states like Kerala, Meghalaya, and Sikkim have been used to demonstrate that they provide DA regularly and at rates close to the central government. In some cases, their pay commissions are more advanced than West Bengal’s.
• Allegation of Discrimination: The submission also alleges that the state government is deliberately creating discrimination among its employees. While West Bengal government employees working in Delhi’s Banga Bhawan or Chennai’s Youth Hostel receive DA at central government rates, those working within the state are deprived of it, which goes against Article 14 of the Constitution.

Case Background

It is worth noting that state government employees have been protesting for a long time, demanding DA at par with the central government. The state government has lost this case more than six times in various benches of the Calcutta High Court. The High Court has recognized DA as a legal right of the employees. However, the state government challenged that verdict in the Supreme Court. This new submission by the Sangrami Joutho Mancha is part of that ongoing case.

According to experts, this new submission is very powerful. The legal and factual arguments presented in it could lead to a verdict in favor of the employees in the Supreme Court. All eyes are now on the final judgment.