Plea in Delhi HC challenges decision to freeze dearness allowance
May 11, 2020
New Delhi [India], May 11 : A petition was moved in the Delhi High Court on Monday challenging the Centre and Delhi government's decision to freeze the dearness allowance (DA) of its employees, claiming the move is a violation of the basic principle of Article 21 of the Constitution.
The petition filed by one N Pradeep Sharma through advocate Harsh K Sharma, sought the DA to be released immediately to the employees and pensioners.
It said that the release of DA would give a morale boost to the health warriors, who are working hard to protect the people from coronavirus.
The plea said that the decision of freezing of DA by Centre and Delhi government comes despite the fact that there is rising inflation, especially in Delhi, which has recently witnessed a hike in liquor, petrol and diesel prices and other essential commodities, that has a direct impact on common man, especially the government servants and pensioners.
It said that the announcement of the DA freeze against rising inflation without any financial emergency seems to be a violation of provisions of Article 360 of Constitution of India.
Dearness Allowance is granted to government employees and pensioners to compensate for the rising inflation.
"The right to life is fundamental to our very existence and includes all those aspects of life which go on to make a man's life meaningful, complete and worth living," the plea said.
It said that the right to receive salary is a property coming within the purview of Article 300A of the Constitution and the same can be deprived only by authority of law.
The plea mentioned that the Disaster Management Act 2005 does not confer any power upon the government to defer or deny salary at any time during a disaster.
"It is a settled preposition that deferment of salary even for a day, amounts to denial and that the right to receive salary cannot be left to an uncertain date or an uncertain event at the whims and fancies of the government," it said.
The Finance Ministry recently decided to put on hold increment in DA for 50 lakh central government employees and 61 lakh pensioners till July 2021 due to the COVID-19 crisis. The Delhi government also followed the Centre's order.
