PIL filed in Supreme Court on Freezing of DA

*Subject*: Defreez DA or dearness allowance retrospectively arbitrarily freezed by Union of India with effect from 01st January 2020 and stop financial STIMULOUS package to industry.

The Union of India be directed to practice what Prime Minister of India preaches, i.e. “Look after senior citizens and do not cut salary, senior citizens are more vulnerable to catching COVID 19 VIRUS than others. ” Email dated 24th April 2020.

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

P.I.L. 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 at least 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 allowance by paying with effect from 01st January 2020 to Veterans at least 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 committing genocide in entire world and we to survive honorably 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 reference 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 installment 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 freeze 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 stimulus financial 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 stimulus 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 personnel 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 beneficiaries paid their legitimate authorized “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 horrible 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 contributions 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. At least 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” w..e.f 01st January 2020 to their employees and Retired personnel.”HAVES” Political and Administrative class and affluent families are not in touch with reality. A prominent singer is heard on TV asking 130 Crore Deshwasi to donate at least 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 the 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” Classes!

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 personnel and same be done by respective States and Union Territories of India.

(B) Union of India be directed to immediately stop various financial stimulus 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. Moreover, 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)
Email: maj.onkarsinghguleria@gmail.com

Source: FNPO