DA News: The West Bengal state government’s new application concerning the Dearness Allowance (DA) case and its future are being intensely analyzed by legal experts. In a recent interview, lawyer Probir Babu shed light on various aspects of this case, which is of great importance to state government employees. Let’s delve into the key points of this discussion.
Is DA a Constitutional Right?
According to Probir Babu, Dearness Allowance is a constitutional right of employees. Citing the verdict of Justice Rabindranath Samanta, he stated that the payment of DA does not depend on the discretion of the state government. It is the employees’ entitlement, and the state government is obligated to pay it. In his opinion, the state government’s attempt to withhold DA is legally baseless and bound to fail.
Questions About the State’s Intentions
Lawyer Probir Babu further added that most states in India are already providing DA at central government rates, which is in line with Article 309 of the Constitution. The West Bengal government’s delay in clearing the pending DA is nothing but a tactic to waste time and frustrate the employees. He alleged that the state government is trying to prolong the process by filing “frivolous petitions” in this matter.
Relevance of the Previous Pay Commission
Although the state government has brought up the issue of 25% DA linked to the Fifth Pay Commission and ROPA 2009, Probir Babu has clarified that this matter is no longer relevant as per a 2022 directive and ROPA 2019. The current guidelines regarding pending and ongoing DA are what is in effect. In his view, the state government is actually trying to evade its responsibility by arguing that the recommendations of the pay commission are discretionary.
Failure to Formulate a DA Policy
The state government has requested an additional six months to formulate a DA policy, even though six years have passed since the State Administrative Tribunal (SAT) ruling in 2019, and they have not yet been able to formulate any policy. Probir Babu has strongly criticized this “policy-less” attitude of the state government and has expressed fears of further delays in the future.
Is the State’s Financial Claim True?
The state government has claimed that it will have to take a loan from the central government to clear the arrears. But Probir Babu has informed that they have submitted documents in court which prove that the state has adequate funds. In this situation, the state’s claim of financial distress is not at all acceptable.
Contempt of Court
The Supreme Court’s order was to clear the arrears without any prejudice. But the state government has disobeyed that order and has proposed to keep the money in an escrow account, which is a direct contempt of court. Probir Babu has emphatically stated that the Supreme Court did not issue any such order.
Message for the Employees
Probir Babu has advised the state government employees to be patient. In his opinion, the state government has become desperate and is trying to delay the inevitable. He believes that the legal path is the most effective, and through it, the employees will get back their rightful dues. He is confident that truth will prevail in this legal battle.
