The Supreme Court has directed the state government to clear 25 per cent of the outstanding dearness allowance (DA) for government employees, bringing long-awaited relief to a large section of the workforce. Alongside this, the country’s apex court has also ordered the formation of a committee to decide how the remaining 75 per cent DA will be paid. This has raised key questions: who will receive the pending DA, and who will not?
Who is eligible for the outstanding DA?
According to ROPA, 2019 (01/04/2008 to 31/12/2019), permanent state government employees, teachers, professors and other employees are eligible to receive the outstanding dearness allowance. This means employees who joined service on or before December 2019 will be covered under this order.
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Sources from government employees’ organisations estimate that nearly 10 lakh employees fall under this category. Malay Mukhopadhyay, General Secretary of the Confederation of State Government Employees Federation, stated that employees governed by the Fifth Pay Commission from July 1, 2009 to December 31, 2019 will receive the DA. Notably, the ROPA issued under the Fifth Pay Commission in 2009 during the tenure of former Chief Minister Buddhadeb Bhattacharya remained in force until 2019.
How will the pending amount be paid?
Leaders of employees’ organisations have outlined how the outstanding amounts are expected to be cleared:
The dearness allowance due from July 1, 2009 was paid only on December 1, 2009. As a result, arrears for approximately five to six months will have to be paid.
Thereafter, arrears of 54 months in the first phase, 48 months in the second phase, 42 months in the third phase, and 36 months in the fourth phase will need to be cleared.
The Supreme Court has constituted a committee to determine the method of payment for the remaining outstanding amount, including whether it will be paid in instalments. The committee will include former Supreme Court Justice Indu Malhotra, former Justice Tarlok Singh Chauhan, and the Comptroller and Auditor General of India or a senior official nominated by him.
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Will pensioners receive the outstanding DA?
According to the Supreme Court’s directive, pensioners will also be entitled to receive the outstanding dearness allowance. State government employees who retired during the pendency of the case will be eligible for the benefit as per the rules.
Kinkar Adhikari, speaking on behalf of another organisation associated with the DA movement, stated that all pensioners will receive this benefit.
