CHANDIGARH: The Punjab and Haryana High Court has imposed a fine of Rs 1 lakh on the Punjab Chief Secretary K A P Sinha for non-compliance with its directions regarding the release of Dearness Allowance (DA) and Dearness Relief (DR) arrears to government employees and pensioners.
The court has directed Sinha to appear in person on November 3 and explain the steps taken to comply with its earlier orders.
During a hearing that lasted nearly an hour, the court expressed displeasure over the government’s failure to submit its response in the matter. Justice Harsh Bunger also directed the chief secretary to submit a personal affidavit explaining why its earlier orders have not been implemented and file a reply detailing the action taken so far and specify a timeline for complete compliance with the court’s directions.
During the hearing, the court questioned the state government's failure to release the pending DA/DR benefits to employees. The court also raised concerns over the apparent disparity in the treatment of employees and senior officials, questioning why the benefits of government employees were being withheld while senior officials continued to receive their dues.
In August, the High Court had dismissed a batch of Letters Patent Appeals filed by the Punjab Government and Punjab State Power Corporation Limited (PSPCL), affirming that once the State adopted the Central Government pattern for grant of Dearness Allowance and Dearness Relief, it incurred a binding obligation to release the accrued instalments and could not defer them indefinitely under the guise of financial constraint.
In the previous hearing, the Court had sought status of filing of the SLP against the High Court's order. Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor perusing the report had noted that the defects pointed out by the Supreme Court Registry have not been removed, contrary to the statement made by the Chief Secretary that the government had re-filed the SLP after removing the defects. It thus sought an explanation from the Chief Secretary.
The matter also drew attention to the state government's legal challenge before the Supreme Court. The counsel representing the employees informed the High Court that the state's Special Leave Petition (SLP) had remained on the Supreme Court's defect list for more than two months.
The development puts the Punjab government's handling of pending DA/DR arrears under renewed judicial scrutiny. The High Court has sought an explanation from the state's top bureaucrat over the delay in implementing its directions, with the Chief Secretary now required to personally account for the non-compliance.
The November 3 hearing is expected to be significant, as the court examines the reasons for the continued delay and the government's response to its earlier orders concerning the financial entitlements of employees and pensioners.
