Chandigarh: The Punjab and Haryana High Court on Tuesday strongly criticised the Punjab government for what it described as a “defiant attitude” towards compliance with judicial directions on pending Dearness Allowance (DA) and Dearness Relief (DR) instalments for state employees and pensioners. The court directed the Chief Secretary to appear in person on November 3 and submit a personal affidavit by October 30, subject to payment of costs of ₹1 lakh.
The directions were issued by Justice Harsh Bunger while hearing a contempt petition alleging wilful and deliberate violation of earlier court orders requiring Punjab to release pending DA/DR instalments at rates applicable to members of the All India Services serving in the state.
“The facts and circumstances clearly reflect the defiant attitude adopted by the respondents with regard to compliance with the directions issued by this Court, which cannot be countenanced in law,” Justice Bunger observed.
Chief Secretary Asked to File Personal Affidavit
The court directed the Chief Secretary to explain the extent of compliance with the Single Judge’s order dated April 8 and the Division Bench’s order dated August 3. The affidavit must also clarify the state government’s position on a memorandum dated August 17, which stated that certain directions should not be implemented without prior concurrence of the Finance Department or until generalised directions were issued, whichever occurred earlier.
The court’s direction came after it noted that the contempt petition had last been heard on August 21, when the state was granted time to submit a status or compliance report. Despite the time granted, no report had been placed on record.
The state counsel sought another extension, but Justice Bunger described the request as “totally unjustified” in view of the opportunities already provided.
The affidavit has been made subject to payment of ₹1 lakh in costs, which must be deposited in the High Court Lawyers Welfare Fund. The Chief Secretary has also been directed to remain physically present before the court at the next hearing on November 3.
Court Flags Earlier Opportunities to Challenge the Orders
During the hearing, senior counsel Sanjay Kaushal, appearing for the petitioner, submitted that a Division Bench had repeatedly given the State of Punjab and the Punjab State Power Corporation Limited (PSPCL) opportunities to pursue an appeal before the Supreme Court.
However, according to the submissions recorded by the court, effective steps did not appear to have been taken. Justice Bunger also noted that criminal contempt proceedings had been initiated against the Punjab Chief Secretary in connection with the alleged filing of a false affidavit. That matter is pending before a Division Bench of the High Court.
The petitioner was also represented by advocates Sunny Singla, Riti Aggarwal and Arjun Kaushal.
The present contempt proceedings concern the alleged failure to implement judicial directions on DA/DR payments. The allegations and observations recorded during the proceedings do not, by themselves, amount to a final determination of contempt liability.
What the April 8 Judgment Directed
The dispute stems from a common judgment delivered on April 8, which directed the Punjab government to release DA to serving employees and DR to pensioners at the same rates as those applicable to members of the All India Services serving in Punjab, following the Central Government’s pattern.
The Single Judge had directed the state to comply by June 30 and required the Chief Secretary to file an affidavit confirming implementation of the directions. The state government and PSPCL subsequently filed appeals against the judgment.
August 3 Division Bench Judgment Reaffirmed the Directions
On August 3, a Division Bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor dismissed the appeals filed by the Punjab government and PSPCL, thereby upholding the Single Judge’s directions.
The Division Bench modified the implementation timeline because the original June 30 deadline had expired while the appeals were pending. It directed that the outstanding DA/DR instalments be released within a fortnight.
The latest proceedings arise from the allegation that the state has not complied with those directions despite repeated opportunities. The Chief Secretary’s affidavit and personal appearance are now central to the next stage of the contempt proceedings, with the matter scheduled to be heard on November 3.
