WB DA Arrear News: The State Cannot Ignore the DA Verdict! Lawyer Explains the Details of the Verdict

WB DA Arrear News: Bringing an end to a long wait for West Bengal state government employees, the Supreme Court has delivered a historic verdict on the Dearness Allowance (DA) case. The bench, comprising Justices Sanjay Karol and Prashant Kumar Mishra, has explicitly stated that DA is not a matter of charity or bounty but a “legally enforceable right” of the employees. The 124-page judgment not only secures the rights of the employees but also sets a strict deadline for the state government to clear the arrears. Advocate Firdaus Shamim, representing the petitioners, shed light on the intricacies and impact of this significant ruling.

Payment Deadline and Formation of Committee

The Supreme Court went beyond just establishing the right; it laid down a clear roadmap for when and how the arrears would be paid. A special committee has been formed under the leadership of former Justice Indu Malhotra to oversee the process. The committee will also include two other judges and a representative from the CAG.

According to the timeline set by the court:

• Immediate Relief: The state must pay 25% of the arrears by complying with the interim order.
• Final Schedule: By March 6, 2026, the committee must determine the total outstanding amount and finalize the payment schedule.
• First Installment: The government must clear the first installment of the arrears by March 31, 2026, as per the committee’s direction.
• Compliance Report: Finally, the state government must file a status report in court by April 15, 2026, confirming compliance with the orders.

Rejection of the ‘No Funds’ Argument

For a long time, the state government had argued in court that the state exchequer did not have sufficient funds to pay DA. However, the Supreme Court completely rejected this plea. The judgment clarifies that financial inability cannot be a ground to deny employees their constitutional or statutory rights.

According to Advocate Firdaus Shamim, the court has made it clear that while the government spends on festivals and other non-productive sectors, it cannot cite an “empty treasury” when it comes to employees’ dues. This is akin to taking a loan from a bank and then refusing to repay it due to a lack of funds, which is legally unacceptable.

ROPA Rule 2009: The Basis of Victory

The turning point of this case was the ROPA Rule of 2009. Framed during the tenure of the then Left Front government, this rule explicitly stated that DA must be paid in accordance with the All India Consumer Price Index (AICPI). Although the current government removed this clause in the 2019 rule, the Supreme Court upheld the validity of the 2009 clause. According to legal experts, this single line served as the primary weapon for the employees’ legal victory. Paragraph 59 of the judgment recognizes DA as a ‘Legally Enforceable Right’.

Good News for Pensioners

The judgment also specifically addresses pensioners. It states that employees who retired during the pendency of the litigation are also entitled to receive these arrears and benefits. This ensures that those who retired while the long legal battle was ongoing remain protected. Petitioners like Malay Mukherjee or Shyamal Mitra, who retired while fighting the case, will also benefit from this verdict.

For lakhs of state government employees, this verdict is not just about financial gain; it represents the victory of dignity and the restoration of rights after a legal battle spanning over a decade.