New Delhi, Sep 2 The Punjab government has moved the Supreme Court against a high court order over the grant of Dearness Allowance to its employees, saying that its employees in several key categories already draw higher overall salaries than their central government counterparts.
The state government, in its plea, has said that the DA should be assessed on the basis of the total salary package rather than by mechanically matching the Centre's DA percentage.
The plea challenges the August 3 judgment of the Punjab and Haryana High Court on DA and dearness relief (DR), submitting that it is willing to increase DA to the extent necessary to ensure parity in the actual take-home salary of comparable state and central government employees.
The government said that its rules do not mandate payment of dearness allowance (DA) to state employees at the rate fixed by the Centre for its employees.
It said the Punjab Civil Services (Revised Pay) Rules, 2021, prescribe no specific index, formula, rate or interval for DA and leave the matter to the state government's discretion.
The government has challenged the High Court's reliance on the DA paid to All India Services officers as a comparator for determining the entitlement of state employees.
Punjab has contended that its employees in five of seven representative categories already receive higher aggregate emoluments than their central counterparts despite the state providing DA at 42 per cent.
For clerks, Punjab's basic pay is Rs 38,600 and total emoluments at 42 per cent DA are Rs 54,812, against Rs 36,960 for the corresponding central category at 60 per cent DA.
Similarly, Punjab drivers receive total emoluments of Rs 40,612 against Rs 36,960 for their central counterparts, while stenographers get Rs 56,374 against Rs 47,360.
The figures also show Punjab ETT teachers receiving Rs 67,592 compared with Rs 65,760 for the corresponding Central category, while constables get Rs 54,812 against Rs 36,960.
The state said the difference in aggregate monthly emoluments in these categories ranges from Rs 1,832 to Rs 17,852.
Punjab has particularly highlighted the clerk and constable categories, where its basic pay of Rs 38,600 is itself higher than the entire central government aggregate salary of Rs 36,960, comprising basic pay of Rs 23,100 and 60 per cent DA.
It said that the state pays DA to All India Services officers at the central rate because they are governed by Union law and the state has no power to determine their service conditions.
The plea also said that Punjab's existing DA rate of 42 per cent already results in higher aggregate monthly emoluments than the corresponding central categories in five of seven representative categories cited by the government.
“In five of the seven categories, the Punjab employee already draws more at the existing 42 per cent by between Rs 1,832 and Rs 17,852 a month; in the clerk and constable cadres, Punjab’s basic pay alone, Rs 38,600, exceeds the entire Central aggregate of basic pay and DA at 60 per cent, namely Rs 36,960,” the plea said.
“The only two categories presently short, superintendent by Rs 5,676 and police inspector by Rs 7,372, which the petitioner placed on record against its own interest, themselves move into surplus of Rs 4,800 and Rs 2,240,” it added.
It also contended that the High Court's direction to release the entire admitted arrears within 14 days cannot be implemented without following the constitutional procedure for the withdrawal of money from the consolidated fund of the state.
The plea also challenges the High Court's direction restraining the state from incurring unproductive expenditure, saying that no such expenditure was pleaded or supported by evidence before the court.
The Punjab government urged the Supreme Court to set aside the high court judgment and restore its discretion to determine DA and the manner and timing of payment of arrears.
