PIL Filed for Central Government Employees Freezing DA in Supreme Court

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PIL Filed for Central Government Employees Freezing DA in Supreme Court

IN THE HON'BLE SUPREME COURT OF INDIA AT NEW DELHI.

PIL DATED 24th APRIL 2020 via Email regarding payment of DA or PIL DATED 24th APRIL 2020 via email regarding payment of DA or Dearness allowance with effect from 1st January 2020 atleast to veterans and to all employees if possible

Major Onkar Singh Guleria Retired, a Senior Citizen and CANCER PATIENT, aged 69 years, son of Late Shri Kikar Singh Guleria resident of village Jachh PO Jassur Tehsil Nurpur Distt Kangra Himachal Pradesh 176201.

VERSUS

1. Union of India through Secretary Finance Govt of India New Delhi 110011.
2. Union of India through Secretary Home Govt of India New Delhi 110011.

BEFORE CHIEF JUSTICE AND ALL HIS COMPANION JUSTICES OF SUPREME COURT OF INDIA TO DIRECT UNION OF INDIA TO PRACTICE WHAT PRIME MINISTER OF INDIA PREACHES TO 130 CRORES DESHWASI AND DEFREEZE DA or dearness allownce by paying with effect from 01st January 2020 to Veterans atleast if not to employees.

MOST RESPECTFULLY SHOWETH,

1. That the applicant a CANCER PATIENT, disabled of right foot and also suffering from hypertension and a Senior Citizen with no home but living in a rented building in my last span of life and also to take care of wife a senior citizen suffering from various ailments and my only source of income is my monthly military pension of the rank of Major that too on reduced scale. I and lakhs of Veterans are aggrieved by arbitrary act of Union of India through Secretary Finance Govt of India New Delhi who were committed to pay arrears of DA or dearness allowance in first week of April 2020 but purposely not payed and on 20th April 2020 has FREEZED "DA or dearness allowance" retrospectively with effect from 01st January 2020 to cause us Veterans an irreparable loss that too at a time when Pandemic of COVID 19 VIRUS (China Originated Virus in December 19) has been commiting genocide in entire world and we to survive honourably need every paisa due to us from Govt of India. I attache arbitrary orders of freezing of DA or dearness Allowances dated 20th April 2020 of Secretary Finance Govt of India as ready referance for the Hon'ble Court.

2. That DA or dearness allowance can be basically understood as a component of salary, aimed at hedging the impact of inflation. The DA or dearness allowance is calculated as a specific percentage of the basic salary which is then added to the basic salary. PENSION received by a retired individual is considered as salary and taxed as, income from salary. Generally whatever is received from the employer in cash including DA or dearness allowance is treated as salary.

3. That the Union of India itself after studying the impact of inflation had announced increased instalment of DA or dearness allowance with effect from 01st January 2020 and promised to pay its employees and Veterans receiving pension in first week of April 2020 which was illegally and arbitrarily withheld and as a afterthought issued malafied orders dated 20th April 2020 ordering of freez of DA or dearness allowance retrospectively from 01st January 2020. It has come as a big blow especially to pensioners at a time when all veterans are more vunerable to catching COVID 19 VIRUS (China Originated Virus in December 19 ) as being daily advocated by Prime Minister of India and all functionaries of Union of India and Doctors through media and advisory letters in black and white. When Union of India is doling out financial package after package from announced budget of 2020-21 in Parliament and later various stimulous financual packages gìven and planning to give to business houses for whom at drop of hat the Political and Administrative Governments of whom many are directly or indirectly associated with industry then huge financial stimulous is being passed even during this national rather international calamity of COVID 19 ( CHINA ORIGINATED VIRUS IN DECEMBER 19), Whereas, petty amount for Union of India but it is a large amount for its employees and Retired personnels who in last span of life are undergoing various hardships is being denied by freezing "DA or dearness allowance" that too retrospectively wef 01st January 2020. This arbitrary and illegal mechanical step of Union of India without applying mind must be struck down immediately and all beneficairies paid their legitmate authorised "DA or dearness allowance" wef 01st January 2020 and continued to be paid. Even Union of India has taken care of other classes of India but subjected the "MIDDLE CLASS" to this horible torture by freezing its "DA or dearness Allowances"at a time when we need every paisa in our last span of life. We by cutting our legitimate expenses have even made small contribution to "PM CARES FUND" which so far is not transparent.

Also check: Second National Judicial Pay Commission has filed the subject of Pay, Pension and Allowances, in Supreme Court on 29.01.2020

4. Then why does Prime Minister of India preaches to look after Senior citizens, not to cut salary when his own Govt is doing it. Atleast the Union of India must practice what its Prime Minster preaches.

5. Copy if this P.I.L., is being sent to all concerned by mail and all Chief Ministers are also requested to pay "DA or dearness Allowances" wef 01st January 2020 to their employees and Retired personnels."HAVES"Political and Administrative class and affluent families are nit in touch with reality. A prominent singer is heard on TV asking 130 Crore Deshwasi to donate atleast Rs.100 Per person to make it Rs13000Crores donations. Madam there are many who have not seen or handled Rs.100 note in their entire life. Then if five of family members donate then amount comes to Rs.500/- which is equivalent to one month amount given to BPL Families by Govt of India. Madam have a heart and producers allowing her to speak this in print media has never applied mind to these ground realities. Sad, how insensitive are our "HAVES"Class!

RELIEFS SOUGHT WITH SPEAKING ORDERS.

6. In the given premises it is respectfully prayed that the Hon'ble Court be pleased to direct Union of India through Secretary Finance Govt of India New Delhi and Secretary Home Govt of India to:

(A) Pay immediately "DA or dearness Allowances" to all employees and Retired personnels and same be done by respective States and Union Territories of India.

(B) Union of India be directed to immediately stop various financial stimulous package being given or are being planned to be given in near future to business houses as after freezing "DA or dearness Allowances" Union of India admits that financial health of the Nation is not sound and healthy. More over these business houses are directly or indirectly related to all Political class who like to enjoy all benefits even in national calamities. Some are seen distributing Govt or public donations of food etc to poor to ensure their own stamp on it. India with Lockdown has gone back to "SATJUG" in many ways and air and water is purified and need of the hour is purification of "HAVES", i.e., the Political cum business class. Union of India must practice what Prime Minister of India preaches to look after senior citizens and not to cut salary.

Also read: MACP ON PROMOTIONAL HIERARCHY - MACP Supreme Court Order - Heard & Reserved - Order dated 23 Jan 2020

7. Kindly direct registry to confirm receipt and action taken via revert Email.

NAMASTE INDIA! JAI HIND!

(MAJOR ONKAR SINGH GULERIA RETD)
(A CANCER PATIENT)
Mob: 7018748978, 9418009991.
Email: maj.onkarsinghguleria@gmail.com

CITU opposes the freezing of Dearness Allowance for Central Govt Employees

CITU opposes the freezing of Dearness Allowance for Central Govt Employees

CENTRE OF INDIAN TRADE UNIONS (CITU)

CITU DENOUNCES CENTRAL GOVT DECISION TO FREEZE AND CONFISCATE INCREASE IN DEARNESS ALLOWANCE FOR CENTRAL GOVT EMPLOYEES AND PENSIONERS

The Centre of Indian Trade Unions denounces the Central Govt’s decision to freeze, rather confiscate the increase in Dearness Allowance payable to Central Govt employees and pensioners falling due from January 2020 and also future dues, falling due on July 2020 and January 2021 on the plea of financial crisis arising out of COVID 19 vide Finance Ministry Order no 1/1/2020-E-II(B) dated 23rd April 2020.

No doubt, the country has been passing through a financial crisis but why should the workers and employees be made the sacrificial item for the same who themselves suffer most owing to Covid-19 followed by lockdown. Quite a number of employees are deployed and consequently are involved in various governmental activities and services meant to combat the spread of the pandemic Covid-19 especially of those departments declared as emergency services viz, health, postal, defence, railways etc. While taking such decision Govt did not bother to consult the unions and federations of the central govt employees, displaying rabid authoritarianism.

CITU strongly urges that response to financial crisis by the central govt must start with measures to garner resources where it is there aplenty at the disposal of handful of ultra rich class. As Per OXFAM Report, combined wealth amassed by only 63 billionaires in India is more that the total Union Budget in 2018-19 which was at Rs 24, 42, 200 crore. Top 10% of population cornered 77% of national wealth. Wealth of India’s richest 1 per cent is 4 times more than the bottom 70%. Govt must tap this huge accumulation of wealth with barely 5% of ultra-rich, amassed mostly through undue and illegitimate patronization of the economic policy regime, through appropriate direct taxation/wealth tax measures instead of brutally pouncing on the working peoples’ earnings and livelihood. And this right is vested with the Central Govt only

CITU strongly condemns this retrograde decision of the Central Govt to confiscate outright the legitimate dues of the employees and pensioners on account of increase in DA till January 2021, although prices of all essentials will continue to increase to further increase the profit of the big-business / corporate.

CITU demands withdrawal of this DA Confiscation order by the central government also demands that the state governments be extended financial help to enable continuity of variable DA payment to their employees. CITU calls upon the Govt employees’ movement in particular and the trade union movement in general to unitedly oppose this retrograde anti-worker measures.

(Tapan Sen)
General Secretary

Via: citucentre.org