Chandigarh: The Punjab and Haryana High Court has again sought a status report from the Punjab government over its failure to properly pursue its challenge in the Supreme Court against an order on Dearness Allowance (DA) and Dearness Relief (DR) for government employees and pensioners.
Punjab Chief Secretary K.A.P. Sinha, a 1992-batch IAS officer, appeared before the High Court on Monday and informed the Bench that objections raised in the state government’s Supreme Court petition had now been resolved. However, the court sought a fresh status report and directed the Chief Secretary to appear again on Tuesday.
High Court Questions Delay in Supreme Court Appeal
The latest hearing concerns Punjab’s efforts to challenge the High Court’s earlier directions on payment of DA and DR.
The Bench observed that the state government had been given several opportunities to approach the Supreme Court but had still not taken the necessary steps to properly pursue the matter.
The Chief Secretary had also appeared before the court during the previous hearing and submitted an affidavit. After examining the affidavit, the Bench noted that Punjab had filed its appeal in the Supreme Court on September 1, but the hearing before the High Court was taking place on October 5.
The court pointed out that defects or objections in the Supreme Court appeal had remained unresolved for more than a month.
According to the court, the case had already been adjourned three times to provide the Punjab government sufficient time to pursue its legal remedy before the Supreme Court.
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Supreme Court Petition Still Faced Objections
The High Court had earlier made it clear that Punjab had the right to challenge its judgment before the Supreme Court.
However, the Bench noted that the state had not been able to properly move forward with the appeal. The Supreme Court website also showed that the petition was still facing objections or defects.
During Monday’s hearing, Chief Secretary KAP Sinha told the court that the objections had now been addressed.
The High Court has nevertheless sought a formal status report from the government and fixed Tuesday for the next hearing. Sinha will again be required to appear before the Bench.
What Is the Punjab DA Dispute?
The matter relates to a judgment passed by the High Court on April 8, concerning DA and DR for Punjab government employees and pensioners.
The court had directed the Punjab government to provide DA and DR at the rates applicable to All India Services employees serving in Punjab, in accordance with the Central Government’s DA pattern.
The order has significant implications for government employees and pensioners because DA is linked to changes in the cost of living and forms an important component of their overall financial benefits.
The High Court initially gave the state government a deadline of June 30 to comply with the directions. It also asked the Chief Secretary to submit an affidavit confirming compliance.
Instead, the Punjab government subsequently challenged the order before the Supreme Court.
Appeals by Punjab Government and PSPCL Dismissed
The legal dispute continued after the Punjab government and Punjab State Power Corporation Limited (PSPCL) filed appeals against the earlier directions.
On August 3, a Division Bench comprising Chief Justice Mishra and Justice Rohit Kapoor dismissed the appeals filed by the Punjab government and PSPCL and upheld the earlier directions.
With the original June 30 deadline having already passed while the appeals were pending, the High Court subsequently revised the timeline.
The state government was directed to release the pending DA and DR instalments within 15 days.
The latest proceedings are therefore focused not only on the implementation of the DA order but also on whether the state government has effectively pursued its legal challenge before the Supreme Court.
Next Hearing in DA Case
The immediate focus is now on the status report sought by the High Court and the state government’s explanation regarding the Supreme Court appeal.
The Tuesday hearing is expected to provide the court with an updated position on whether the objections in Punjab’s appeal have been removed and what steps have been taken to pursue the matter.
For government employees and pensioners awaiting the pending DA and DR instalments, the proceedings remain significant because the dispute concerns implementation of the court’s directions as well as the state’s continuing legal challenge.
The case also highlights the importance of timely compliance with judicial orders and effective follow-up when a government chooses to challenge a judgment before a higher court.
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