1 day ago
Punjab High Court Seeks Chief Secretary's Response Over DA Appeal Statement
The Punjab and Haryana High Court is hearing a case about money owed to state workers and pensioners.
It had ordered Punjab to pay pending dearness allowance and related relief.
Punjab challenged that order in the Supreme Court.
A state representative said problems with the appeal had been fixed, but a registry report said they had not.
The High Court issued Chief Secretary K A P Sinha a notice asking him to explain why he should not face criminal contempt proceedings.
The court also asked him to attend the next hearing on Friday.
Punjab has argued that paying about Rs 14,191 crore in the short time set by the order was constitutionally impossible.
The High Court is also considering whether the state has complied with its earlier payment order.
The Punjab and Haryana High Court issued Chief Secretary K A P Sinha a notice over what it called a prima facie false statement about Punjab’s Supreme Court appeal.
The court asked Sinha to explain why criminal contempt proceedings should not be initiated and to appear at Friday’s hearing.
A report from the Supreme Court registry said defects in Punjab’s appeal had not been removed, contradicting the state’s claim that they were cured.
The case concerns compliance with an August 3 order to pay pending dearness allowance and relief dues to state employees and pensioners.
Punjab’s September 1 appeal argued that paying about Rs 14,191 crore in arrears within the specified period was constitutionally impossible.
- Who
- The Punjab and Haryana High Court, Punjab Chief Secretary K A P Sinha, the Punjab government, and employees and pensioners owed dues.
- What
- The court issued Sinha a notice seeking an explanation over a statement that defects in Punjab’s Supreme Court appeal had been cured.
- Where
- The Punjab and Haryana High Court; Punjab’s appeal is before the Supreme Court.
- When
- The notice was issued Tuesday; Sinha was directed to appear at the next hearing on Friday. The payment order was issued August 3, and Punjab filed its appeal September 1.
- Why
- A Supreme Court registry report said defects in Punjab’s appeal had not been removed, contrary to the stated position, during proceedings over unpaid dues.
Petitioners and court concerns
Punjab government's position
Whether appeal defects were cured
Petitioners and court concerns
The Supreme Court registry report said defects in Punjab’s appeal had not been removed; petitioners disputed the claim that they had been cured.
Punjab government's position
Punjab’s counsel maintained that the defects had been cured and the appeal was in order.
Payment of DA arrears
Petitioners and court concerns
Petitioners sought compliance with the August 3 order to release pending DA and dearness relief dues to employees and pensioners.
Punjab government's position
Punjab’s appeal argued that paying about Rs 14,191 crore within the specified short period was constitutionally impossible.
Key facts
- Chief Secretary
- K A P Sinha
- Court action
- Notice asking why criminal contempt proceedings should not be initiated
- Next hearing
- Friday; Sinha was asked to remain present
- Payment order
- Issued August 3; directed payment of up-to-date pending DA instalments within a fortnight
- Appeal
- Punjab filed a special leave petition in the Supreme Court on September 1
- Arrears cited
- Around Rs 14,191 crore, according to Punjab’s appeal
- Interest provision
- The August 3 order set simple interest at 6% per year on unpaid amounts in the event of default
Quotes
Punjab and Haryana High Court bench
The bench hearing the petitions concerning Punjab's pending dearness allowance dues.
“We are at our wits' end to comprehend as to what is actually intended by the State of Punjab by playing hide and seek with the court. If the appeal had already been filed on September 1 before the Supreme Court, it could have been got heard by now. It appears that the attempt is only to buy time in the garb of pursuing a legal remedy before the Supreme Court.”
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