Kolkata: The Supreme Court on Monday reportedly reserved its verdict on a batch of petitions, including one filed by the West Bengal government, against a 2022 Calcutta High Court order directing the state to release dearness allowance (DA) arrears to its employees dating back to July 2009.
A bench of justices Sanjay Karol and N Kotiswar Singh heard senior advocates Abhishek Singhvi and Huzefa Ahmadi for the state and P S Patwalia and others for state government employees before reserving the judgment. The court asked all parties to file comprehensive written submissions within two weeks.
On May 20, 2022, the high court upheld an earlier order of the State Administrative Tribunal (SAT) and directed the government to clear arrears under the Revision of Pay and Allowances (ROPA), 2009, within three months. The high court had dismissed the plea of financial constraints, holding that DA must be calculated on the basis of the All India Consumer Price Index. The apex court is considering about four appeals, including the state’s challenge, and one key question: whether the right to receive DA constitutes a fundamental right.
In an interim order in May this year, the court directed Bengal to pay 25 per cent of the outstanding arrears within six weeks. It clarified that the interim disbursal would be without prejudice to the outcome of the case.
The tribunal and the high court had earlier emphasised that denial of DA could demoralise employees and hamper government functioning.