Dearness Allowance Fructified as Fundamental Right: Calcutta High Court-Judgment of the High Court of Calcutta in State of West Bengal v. Confederation of State Government Employees, West Bengal, in WPST 102/2020, dated 20.05.2022]
Dearness Allowance Fructified as Fundamental Right: Calcutta High Court The Calcutta High Court directed the West Bengal Government to release the dearness allowance and arrears of the same within 3 months of the order, which is to be calculated on the basis of All India Consumer Price Index average 536 (1982=100) commensurate with their pay as per the West Bengal Services (Revision of Pay and Allowances) Rules, 2009. The West Bengal Government had moved the High Court against the order of the West Bengal Administrative Tribunal which had directed the State Government to make payment of dearness allowances and that the claim of the state government employees is based on a legally enforceable right up to the extent of the recommendations of the 5th Pay Commission. The High Court reiterated that payment of dearness allowance reinforces human dignity under Article 21, thus becomes a fundamental right of every employee. It is quoted – “What we feel, apart from acquiring the enforceab...