The High Court of Delhi dismissed a Public Interest Litigation (PIL), challenging the Centre and Delhi Govt's decision to freeze the Dearness Allowance (DA) of their employees & pensioners.
The plea filed by Hitesh Bhardwaj through Advocates Pradeep Sharma & Harsh K Sharma had sought the Dearness Allowance to be released immediately to the employees & pensioners. It said that its release would give a morale boost to the health warriors, who are working hard to protect the people from coronavirus.
"So far as the right to receive the increase of Dearness Allowance/ Dearness Relief already declared by the Government with effect from January 1, 2020 is concerned, it falls well within the domain of the Central Government to decide as to when to disburse the said increase. There is no obligation in law upon the Central Government to disburse the increase in Dearness Allowance/ Dearness Relief within a time-bound manner," said the Division Bench of Justice Vipin Sanghi & Justice Rajneesh Bhatnagar.
The Court observed that "We have noticed Rule 3 of the All India Services (Dearness Allowance) Rules, 1972. The said Rule does not state that the Central Government can form, or communicate, its decision with regard to entitlement to draw Dearness Allowance, subject to conditions, only by framing another rule, or by a gazette notification. There is no such requirement in law. Therefore, we do not find any merits in the submission of the petition".
The PIL said that the decision of freezing of DA by the Centre and Delhi Govt despite the fact that there is rising inflation especially in Delhi, which has witnessed a hike in liquor, petrol & diesel prices & other essential commodities, that has a direct impact on common man, especially the Govt servants & pensioners.
It added that the announcement of freezing of the allowance freeze, amid rising inflation, without any financial emergency seems to be a violation of the provisions of Article 360 of Constitution of India.
Judges while passing the order also observed that "In the present case, the Office Memorandum does not seek to reduce either the salaries or allowances, which includes Dearness Allowance & Dearness Relief in respect of serving Government servants, or its pensioners. All that it does is to freeze the payment of Dearness Allowance & Dearness Relief at the pre-existing level & to put in abeyance any increase in Dearness Allowance & Dearness Relief till July 2021. The said freeze does not tantamount to the reduction of either salary or allowances, of persons serving in connection with the affairs of the State".
However, Advocate Sharma after the dismissal of the plea said that "the order was totally arbitrary as it has not dealt with entire contents submissions" & added that it will be challenged before the Apex Court.
Dearness Allowance is granted to Govt employees & pensioners to compensate for the rising inflation.
The Finance Ministry has recently decided to put on hold increment in dearness allowance for 50 lakh Central Govt employees & 61 lakh pensioners till July 2021 due to the COVID-19 crisis. Delhi Govt had also followed the Centre's order.
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