DA arrears: HC summons chief secy on Oct 5 over non-compliance of orders

The order was passed by the bench of chief justice Ashwani Kumar Mishra and justice Rohit Kapoor on a clutch of applications moved by the employees and pensioners alleging non-compliance of high court directions

The high court on Tuesday asked the Punjab chief secretary to remain present on October 5 over “prime facie failure” of the government to comply with its directions to release the dearness allowance (DA) within a fortnight.

The government counsel on the other hand had sought two more weeks’ time and submitted that it is attempting to amicably resolve the issue with the employees. (HT)

The order was passed by the bench of chief justice Ashwani Kumar Mishra and justice Rohit Kapoor on a clutch of applications moved by the employees and pensioners alleging non-compliance of high court directions. Detailed order is awaited.

On August 3, the high court had directed the Punjab government to release all pending DA instalments to all its employees and pensioners at the rate/s paid to the members of the All India Services (IAS/IPS/IFS) officers serving in the state on the central government pattern within a fortnight and asked for a compliance report by August 31. The court had also ordered that till all such dues are cleared, the government would not “resort to any unproductive expenditures”, such as large-scale advertising campaigns in print or social media, as these expenses cannot justify the denial of dues admissible to state employees.

As the hearing began, lawyers from the employees’ side submitted that the government is trying to project as if some kind of compromise has been worked out between the employees and the state government. But that is not a correct picture and the employees are approaching Punjab authorities for implementation of the August 3 judgment. They also showed some full- page newspapers advertisements published in other states, claiming that the same has been done even as government was prohibited by the court to indulge in “unproductive expenditures.”

The government counsel on the other hand had sought two more weeks’ time and submitted that it is attempting to amicably resolve the issue with the employees.

“In a matter of the present kind, where the interest of all state employees and pensioners are involved, and the judgment of the court was delivered on August 3, we would have expected the state to act with promptness in pursuing the legal remedies available to it. To date, the chief secretary has not filed an affidavit of compliance in terms of the order dated August 3,” the court orally remarked.

The court expressed its dismay over the handling of the matter by the state government. Further, it gave time to the state government till September 10 to remove the defects.

“Despite such repeated opportunities, the state has chosen not to comply with the orders of the court...Though we respect the right of the state to pursue its remedy of appeal, that right must be exercised fairly, and the proceedings cannot be adjourned indefinitely for the purpose,” it remarked, asking the chief secretary to remain present on October 5 unless the government has “some protection from the Supreme Court.”