Cal HC rejects DA review application of WB govt, directs filing of affidavit on employees' contempt application

The state claimed that there was a mistake on the part of the arguing counsel in not referring to several government orders issued by the finance department and releasing of instalments of DA to its employees from April 1, 2008 to January 1, 2019.

Calcutta High Court on Thursday dismissed the West Bengal government's review petition to reconsider an earlier judgement that ordered payment of dearness allowance and its arrears to state government employees within three months.

The division bench comprising Justices Harish Tandon and Rabindranath Samanta also directed the state chief secretary and another officer to file an affidavit explaining why the Rule of Contempt will not be issued against them.

A contempt application was moved by the Confederation of State Government Employees, West Bengal, before the division bench claiming that the state government has not implemented its order to pay dearness allowance within three months.

The division bench dismissed the state government's review application of its May 20 order directing payment of dearness allowance, observing that there is no merit in it.

Upholding an order of the State Administrative Tribunal (SAT), the HC had on May 20 directed the West Bengal government to release within three months dearness allowance and its arrears as per the Revision of Pay and Allowances (ROPA) rules, 2009.

The state government moved the review application assailing the judgement of May 20 claiming that there is an error in it. The state claimed that there was a mistake on the part of the arguing counsel in not referring to several government orders issued by the finance department and releasing of instalments of DA to its employees from April 1, 2008 to January 1, 2019. The bench said that the judgement has taken into account the various factors. The unanimous decision taken was that the state government cannot depart from the provision of the statutory rules framed after accepting the recommendation of the Fifth Pay Commission to the extent enumerated in it.

It said that the mistake as claimed by the state government did not impact the decision and therefore cannot be regarded to be of the magnitude that required the court to review its own decision.

''Such mistake is of inconsequential import and, therefore, the review is not maintainable,'' it held.

The bench said that the government orders which the state claimed were not argued by its counsel did not appear to be a seminal point in the case.

Passing a separate order on the contempt application moved by the employees confederation against the chief secretary and another official of the state government, the HC directed that the alleged contemnors ''Must explain by way of an affidavit as to why the Rule of Contempt shall not be issued against them''.

The affidavit will have to be filed by November 4, the bench directed and said the contempt application will be taken up for hearing again on November 9.

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