Chandigarh: The Punjab and Haryana High Court has taken serious note of the alleged non-compliance with its earlier orders regarding payment of pending dearness allowance (DA) to government employees and pensioners, directing Punjab’s chief secretary to appear personally before the court.
A division bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the directions while hearing applications alleging non-compliance with the court’s August 3 order. The earlier order had directed the Punjab government and Punjab State Power Corporation Limited (PSPCL) to release all pending instalments of DA and dearness relief (DR) at the rates applicable to the Central government.
At the beginning of the hearing, the bench took note of the petitioners’ submissions that the state government was attempting to create an impression that a settlement had been reached between the parties. The petitioners said they had only been approaching officials to seek implementation of the High Court’s judgment.
Senior advocate Sanjay Kaushal, appearing for the petitioners, also produced newspapers carrying full-page advertisements issued on Independence Day. He alleged that the advertisements amounted to an inappropriate use of public money in a manner contrary to the court’s directions.
The court noted that defects pointed out by the registry in the Special Leave Petition (SLP) filed by the state government on September 1 had still not been removed. The petitioners alleged that the government was attempting to delay the matter.
The bench observed that where the interests of lakhs of employees and pensioners are involved, the government is expected to act promptly in pursuing its legal remedies. It also noted that no affidavit of compliance had been filed by the chief secretary regarding implementation of the court’s orders.
The bench said it respected the government’s legal right to file an appeal but observed that the right must be exercised fairly and court proceedings could not be kept pending indefinitely on that account.
The High Court directed that if the Punjab government does not obtain any specific relief or stay from the Supreme Court, the state’s chief secretary will have to appear personally before the court and explain the position.
