High Court issues contempt notice to Punjab Chief Secretary over DA dues

The Punjab and Haryana High Court has taken a strict stance on the non-release of dearness allowance arrears for state government employees and pensioners. The bench of Justice Harsh Bangar sent a contempt notice to Punjab Chief Secretary KAP Sinha asking why proceedings should not be initiated against him.

During the hearing, the Chief Secretary, present in court, sought ten days' time to present his case, which the court accepted. The next hearing in the case will now be held on November 17, and the Chief Secretary has been asked to appear in person again.

The court remarked that Punjab Government and PSPCL have been given multiple opportunities, yet the August 3 decision has not been implemented. According to the bench, this attitude of the government prima facie appears to be a deliberate violation of court orders.

Government counsel informed the court that a Special Leave Petition has been filed in the Supreme Court and defects pointed out by its registry have been rectified. They argued that due to the provision of 6 percent annual interest in the decision, the delay in payment should not be considered as disobedience of court orders.

Justice Bangar rejected this argument of the government. The court stated that the interest condition was kept to compensate employees and pensioners, and it cannot be interpreted to mean that the government can withhold money for an indefinite period. The court emphasized that until a stay is received from the Supreme Court, compliance with the High Court orders is mandatory.

This matter is being heard on a contempt petition filed by Nirmal Singh Dhanoa and others. Petitioners' counsel Sanjay Kaushik argued that the government is continuously seeking time, while it has received no stay from the country's apex court.

According to the details presented in court by the Chief Secretary, the total outstanding amount towards employees and pensioners has reached Rs 32,418 crore. Out of this, Rs 22,818 crore constitutes dearness allowance, relating to the period from the beginning of July 2021 to the end of September 2026.

Key developments

• High Court issues contempt notice to Punjab Chief Secretary KAP Sinha.
• Chief Secretary gets 10 days to reply, next hearing on November 17.
• Court states that non-compliance with orders without a Supreme Court stay amounts to violation of court orders.
• Government acknowledges total liability of Rs 32,418 crore towards employees and pensioners.