P&H High Court raps Punjab for delay tactics in employees' DA case, summons Chief Secretary

The Punjab and Haryana High Court on Tuesday pulled up the Punjab government for its failure to clear the defects in appeal filed by the State before the Supreme Court challenging the High Court's recent order for payment of pending Dearness Allowance (DA) to the State employees. .Hence, it proceeded to summon the State's Chief Secretary over what it perceived to be a deliberate ploy by the State to avoid implementing the High Court's directions..On August 3, the High Court had directed the State to release all up-to-date pending installments of Dearness Allowance/Dearness Relief (DA/DR) to all its employees and pensioners, respectively, at the same rates as has been paid to the All India Services (IAS/IPS/IFS) officers serving within Punjab.The judgment, which also bars the government from resorting to any unproductive expenditures such as large-scale advertising campaigns in print or social media till non-payment of the dues, has been challenged by the State before the Supreme CourtA Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, today noted that the Court on September 10 had granted the State government more time to get its appeal cleared for listing. However, it added that the State still had failed to do so. The appeal was filed on September 1."We gave you time. If you are playing to some strategy...there is a judicial order. We understand how much in public spirit you are proceeding. You have all the right to file the appeal but we will not permit you not to go in appeal and then try and maneuver this particular time to come up more designs," Justice Mishra told the State counsel..The Court was hearing applications highlighting the State government's failure to comply with the August 3 verdict. One of the directions required the Chief Secretary to file a compliance report by August 31.Today, the Bench observed that in a matter involving the interests of State employees and pensioners, the State was expected to act with promptness in pursuing its remedies but till date the Chief Secretary had failed to file the affidavit of compliance. "Though we respect the right of the State to pursue its remedy of appeal but that right must be exercised fairly and the proceedings cannot be adjourned indefinitely for the purpose," the Court added.Finding that there was no compliance with the directions issued by Court, the Bench directed the Chief Secretary to remain present before it on October 5. However, the Court also said that the State can secure some protection in the meantime from the Supreme Court..Senior Advocate Sanjay Kaushal, representing an applicant, earlier informed the Court that the Finance department has issued an order asking the government departments not to comply with the court directions without its permission.The Court was also told that the State government was trying to project some sort of compromise with the employees. However, Kaushal said that the employees were meeting the authorities only to get the Court order implemented.Kaushal further placed on record copies of newspapers showing full-page advertisements published by the Punjab government in Jammu and Ahmedabad. It was argued that these advertisements were published in violation of the directions issued by the Court last month..In response, Additional Advocate General Chanchal K Singla submitted that the State government was trying to amicably resolve the issue. Singla sought two weeks to get the defects removed in the appeal filed by the State before the Supreme Court.