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.
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
