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SANJAY KAROL, PRASHANT KUMAR MISHRA
State of West Bengal – Appellant
Versus
Confederation of State Government Employees, West Bengal – Respondent
JUDGMENT :
SANJAY KAROL J.
This judgment is divided into the following parts:
INDEX
| EXORDIUM |
| THE CONTROVERSY IN SUMMARIUM |
| A GLOSSARY OF TERMS AND DEFINITIONS |
| RoPA Rules |
| First Memorandum |
| PROCEEDINGS BEFORE THE TRIBUNAL |
| BEFORE THE HIGH COURT-ROUND ONE |
| ON REMAND BEFORE THE TRIBUNAL |
| BEFORE THE HIGH COURT- ROUND TWO |
| RIVAL CONTENTIONS |
| A. Submissions on behalf of the Appellant-State |
| B. Submissions of the Respondents |
| QUESTIONS TO BE CONSIDERED |
| ANALYSIS AND DISCUSSION |
| Dearness Allowance |
| Question 1: ARTICLE 309 |
| Questions 2, 3 and 4 |
| Question 5: ARBITRARINESS OF APPELLANT-STATE’S ACTION AND LEGITIMATE EXPECTATION OF ITS EMPLOYEES |
| Question 6 and 7: CONFLICT, IF ANY, BETWEEN LIST I AND II OF THE VIIth SCHEDULE AND FINANCIAL AUTONOMY OF THE STATE |
| Question 8: EFFECT OF FINDINGS IN FIRST ROUND OF LITIGATION |
| Question 9: WHETHER THE RESPONDENTS ARE ENTITLED TO DA TWICE A YEAR? |
| Question 10: DOES PAUCITY OF FUNDS DEFEAT A LEGAL RIGHT? |
| Question 11: FISCAL POLICY AND JUDICIAL REVIEW |
| Question 12: DEARNESS ALLOWANCE - A FUNDAMENTAL RIGHT? |
| Question 13: DELAY AND LATCHES |
| DIRE |
The court affirmed that the right to receive Dearness Allowance is legally enforceable under Article 21, linking it to human dignity, and rejected the State's financial incapacity as a valid defense ....
The court affirmed that dearness allowance for pensioners is a statutory right under Rule 20A and cannot be altered by administrative orders, emphasizing the finality of judicial decisions.
Differential rates of dearness allowance and relief for serving employees and pensioners are discriminatory and violate Article 14 of the Constitution as both are similarly affected by inflation.
Point of law: The phrase “equality before the law” contains declaration of equality of civil rights of all persons within territories of India.
Point of law: Affirmative action to make the remedy effective is of the essence of the right which otherwise becomes sterile. A responsible municipal council constituted for the precise purpose of pr....
Industrial dispute - If the employer is an instrumentality of the State, as per Article 12 of the Constitution of India, then they are bound to conform fully to the rigour discipline of the mandate c....
(1) Grant of benefits of higher pay scale to Central/State Government employees stand on different footing than grant of pay scale by an instrumentality of State.(2) Classification on the basis of qu....
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