KOLKATA: The Calcutta High Court directed the State government to release the Dearness Allowance and Arrear Dearness Allowance to its employees as per the West Bengal Services (Revision of Pay and Allowance) Rules, 2009 ( ROPA Rules, 2009) within a period of 3 months.
A Bench was headed by Justice Harish Tandon and Justice Rabindranath Samanta ordered, The petitioners are directed to release the Dearness Allowance and Arrear Dearness Allowance to its employees at the rate to be calculated on the basis of the All India Consumer Price Index average of 536(1982=100) commensurate with their pay as per the ROPA Rules, 2009 as directed by the Tribunal within three months from date.”
Further, by giving the reference to Article 14 court said – The Court further held that the discrimination in the payment of Dearness Allowance by the State government to the employees posted in different states of the world and the employees within the State violates the right to equality enshrined under Article 14 of the Constitution of India.
The Court further said that it is the responsibility of the State Government to provide special or other allowances to such employees because of the vagarious of the posting at the distinct place from the State but there is no justification in differential payment of Dearness Allowance to such employees.
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