The Punjab and Haryana High Court has directed the Punjab Chief Secretary to remain personally present before the court after observing that, prima facie, the State has not complied with its earlier directions on payment of pending dearness allowance (DA) and dearness relief (DR).
The direction was issued by a Division Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor while hearing applications alleging non-compliance with the court’s August 3 judgment. The judgment had directed Punjab and the Punjab State Power Corporation Limited (PSPCL) to release all up-to-date pending DA/DR instalments at Central Government rates.
During the hearing, the petitioners argued that the State was presenting the matter as if an agreement or compromise had been reached. They said they were instead approaching Punjab authorities for implementation of the court’s judgment.
The petitioners also referred to full-page newspaper advertisements published on Independence Day, alleging that these were “surrogate” advertisements and amounted to an attempt to do something prohibited by the court.
They further submitted that sufficient time had passed but the court’s directions had not been implemented. They alleged that large amounts were being spent on other purposes despite the pending orders.
The court noted that the State, as a litigant, had the right to challenge the judgment through an appeal. It was informed that the State had filed an appeal on September 1, but defects pointed out by the Registry had not yet been removed.
The petitioners argued that the State was not proceeding fairly and was delaying the legal proceedings. Senior advocate Sanjay Kaushal assisted the court on behalf of the applicants.
The State, meanwhile, submitted that it was trying to resolve the issue amicably and sought another two weeks to remove the defects in its appeal.
The Bench said that the matter concerns the interests of State employees and pensioners and that it expected the State to pursue its legal remedies with promptness. The court also noted that the Chief Secretary had not filed an affidavit confirming compliance with the August 3 order.
The Bench pointed out that the Single Judge had already granted the State three months to release the arrears. After that period expired, the court had granted another fortnight for compliance.
The court said that despite repeated opportunities, the State had not complied with its orders. It also clarified that while the State has the right to pursue an appeal, that right must be exercised fairly and proceedings cannot be delayed indefinitely.
Finding that its orders had prima facie not been complied with and that no compliance affidavit had been filed by the Chief Secretary, the Bench directed the Chief Secretary of Punjab to remain personally present before it.
The court said the only exception would be if the State secures protection from the Supreme Court.
