Should the Centre and the Delhi government freeze the dearness allowance of its employees despite high inflation and rising prices?

A petition has been filed in the Delhi High Court challenging the government’s decision to freeze the DA of its employees, as it seems to be is in violation of provisions of Article 360 of Constitution of India.

The petition has been filed by N Pradeep Sharma pointing out that right to receive salary is a property coming within the purview of Article 300A of the Constitution of India and the same can be deprived only by authority of law.

“The released Dearness Allowance would even give morale boost to even the Health Warriors who are protecting us from deadly disease,” the petition has further noted, adding that even otherwise, the freezing of Dearness Allowances of all or any class of persons serving in connection with the affairs of a State, is in violation of the basic Principle of Article 21 of Constitution of India.

The plea has also pointed out that there is rising inflation and especially Delhi native have recently witnessed the hike in liquor, petrol and diesel prices, and other essential commodities, which had a direct impact on common man, especially the government servants and pensioners.

DA is granted to compensate for rising prices.With the national lockdown and coronavirus pandemic impacting revenue, the Finance Ministry decided to put on hold increment in dearness allowance (DA) for 50 lakh Central Government employees and 61 lakh pensioners till July 2021 due to the Covid-19 crisis. A similar decision was also taken by the Delhi Government.

The petitioner submitted that payment of salary is certainly not a matter of 'bounty' but rather a statutory right, as it flows from the Service Rules. Freezing of DA of all or any class of persons serving in connection with the affairs of a State, is in violation of Article 21 of Constitution of India. Moreover, Right to receive salary is a property coming within the purview of Article 300A of the Constitution of India.

"Right to receive salary with perks, every month, is part of the service conditions emanating from Article 309 of Constitution of India.The Article 21 of the Constitution has a much wider meaning which includes the right to live with human dignity, right to livelihood, right to health, right to pollution free air, etc. Right to life is fundamental to our very existence and includes all those aspects of life which go on to make a man's life meaningful, complete and worth living, It is a settled preposition that deferment of salary even for a day, amounts to denial and that the right to receive salary cannot be left to an uncertain date or an uncertain event at the whims and fancies of the Government. The law means an Act of Parliament or an Act of Legislature. or at least a Rule having a statutory character. That even otherwise, the Disaster Management Act 2005 does not confer any power upon the Government to defer or deny salary at any time during a disaster."

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