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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
- Union of India through Secretary Finance Govt of India New Delhi 110011.
- 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.
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.
5. 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.
6. 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
N.Reddy says
Dear sir, It is learned that employees of the railway are asked to donate one-day basic pay to repeat basic pay. If it is true, why army/ navy/airforce personnel who are guarding our border with, distressing conditions are asked to donate one-day full salary repeat salary (not basic pay). Actually, military personnel has to be exempted from any kind of salary cut including DA.
Narayansing Rajput. says
The above PIL speaking from its heart is echoing every middle-class person’s anguish and angst as he/she is hurt by da/dr freeze. Instead of this drastic step, The Govt. can collect ₹.1000 to 2 or 2.5 thousand depending on pay/pension level for every half year. This amount so collected from its 1.3 crores working/ retired people makes a huge sum which can be utilized for the fight against Covid-19.
Geetha Menon says
I am receiving a family pension at the lowest amount. My son is working as a security in a private shop. We have no other income. Our home there is two disability person. One is aged men and the other is 3years old child girl. Please sir don’t cut DA or DR. I am very much thanking you. If any mistake forgives me. I don’t know fluent English. Thank you, Sir…
Debasis chakraborty says
Hats off the MAJOR ONKAR SINGH GULERIA RETD The above PIL speaking from its heart is echoing every pensioner’s anguish at this crucial time to survive. On behalf of that I, being a petty class pensioner, draws the attention of the apex court of India to deliver a justice that protects the right to property. Millions of defence, railway, and other central pensioners who sacrificed their lives for the interest and security of India now have reached at their either late middle or at the fag end of their lives. To survive is a question for them with a physical and mental breakdown. What PM Modiji preaches was a distant dream to us. Joy hind Bandemataram.
Ashok paikade says
I am also a retired employee on 28.2 2020 and just lockdown after my retirement there is no pop no. Nor any amount recd.me 2 months competed now lockdown has extended however govt.seized DA it is therefore requested to pm not to cut da/dr of the employees cooperate in this hours.
Sudarshan Singh Bhadoria says
Respected Prime minister,
Cutting of DA to widows of veterans will be a great negative blow. They are old having a lot of physical and mental problems. Their source of income is only this monthly pension. Kindly review the case sympathetically and do the favor.
aam aadmi says
Why all army personnal always use thier ranks while seeking any relief.
People have lost thier job yet everyone is looking for DA hike.
Military personnels are already saving on property tax by most state govt relief,+ csd services+ echs
Govt has taken a good step ,which will not hurt govt employees
Such a shame that people are supporting this PIL for thier own selfishness