Kolkata: The Supreme Court has directed the West Bengal government to immediately release 25% of pending Dearness Allowance (DA) arrears to its employees, while ordering that the first instalment of the remaining dues be paid by March 31, 2026, under a court-monitored payment schedule.
Chief Minister Mamata Banerjee said the state has not yet received the order copy and would consult lawyers on the next course of action, while announcing the formation of a committee headed by the state’s Chief Secretary to review the judgment. “No other state gives pension and cashless benefits to employees except Bengal,” she remarked.
A Bench led by Justice Sanjay Karol held that DA, once incorporated into statutory service rules, becomes a legally enforceable right and cannot be denied or deferred on the plea of financial constraints. The court ruled that employees are entitled to DA arrears for the period 2008 to 2019.
The judgment records that by an interim order passed on May 16, 2025, the Supreme Court had directed the State to release at least 25% of the total DA arrears within six weeks, observing that employees should not be kept waiting indefinitely. In that direction, the court clarified, continues to operate.
For payment of the remaining DA arrears, the court ordered the constitution of a high-level monitoring committee to determine the total payable amount, fix a binding instalment schedule and periodically verify compliance.
The court directed that the committee must complete the exercise by March 6, 2026, and made it clear that the first instalment of the remaining DA arrears, after the separately ordered 25% release, must be paid by March 31, 2026. Subsequent instalments will follow the committee’s binding schedule.
The committee will be chaired by Justice Indu Malhotra (retd), former Supreme Court judge, and will include Justices Tarlok Singh Chauhan and Goutam Bhaduri, former Chief Justice/judge of High Courts, along with the Comptroller and Auditor General of India or a senior officer nominated by him. The committee will be provided logistical facilities, with expenses borne by the state government. The chairperson will decide their remuneration.
The Bench also ruled that any amount disbursed under the judgment would not be liable to recovery due to any subsequent change in law.
Bhaskar Ghosh, chief convenor of Sangrami Joutha Mancha, said the case had been pending for several years and welcomed the verdict. He also flagged that nearly six lakh government posts have remained vacant for over a decade and called for their early filling.