WB DA Verdict: DA is a Legal Right, Not Charity! Download PDF Order Copy
WB DA Verdict: The long-standing legal tug-of-war between the West Bengal State Government and its employees regarding Dearness Allowance (DA) has finally reached a decisive juncture. The Supreme Court’s latest verdict has not only validated the employees’ stance on a moral and legal level but has also laid down a concrete roadmap for clearing past dues. While the judgment brings major relief, it comes with a few caveats regarding specific demands. Let’s break down the key takeaways from this significant ruling.
DA is a Legal Right, Not Charity
In a strong observation, the Supreme Court has explicitly stated that Dearness Allowance is a “Legally Enforceable Right” of the employees, not an act of benevolence or charity by the state government. The State had repeatedly argued about financial constraints and lack of funds as reasons for not clearing the dues. However, the Apex Court rejected this plea, ruling that once a financial benefit is established as a legal right, the government cannot hide behind the excuse of a financial crisis to deny payment.
Timeline for Arrears Payment
The most significant victory for the employees is the order regarding the payment of arrears for the period between 2008 and 2019. The court directed that the calculation must be based on the ‘All India Consumer Price Index’ (AICPI), as the State Government itself had adopted this index in the ROPA Rules of 2009.
To ensure the implementation of this order, the Supreme Court has constituted a high-level committee chaired by Justice (Retd.) Indu Malhotra. The roadmap is as follows:
- The committee is tasked with determining the total amount of arrears and the payment schedule by March 6, 2026.
- Based on the committee’s decision, the State Government must release the first installment of the arrears by March 31, 2026.
Importantly, employees who retired during the course of this litigation will also be fully eligible to receive their share of arrears and benefits under this judgment.
Which Demand Was Rejected?
While the verdict on arrears is a massive win, not all demands put forth by the employees were accepted. The employees had demanded that DA should be revised twice a year, similar to the practice followed by the Central Government. The Supreme Court dismissed this specific claim. The court noted that the state’s Revision of Pay and Allowances (ROPA) rules do not contain any written mandate obligating the government to revise DA twice annually.
In conclusion, this verdict serves as a landmark moment establishing the rights of state government employees. All eyes are now on the committee led by Justice Indu Malhotra to finalize the exact figures and the schedule for the disbursement of the long-pending dues.
