PIL Filed in Supreme Court for Freezing DA in r/o Central Govt. Employees
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.
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!
Freezing of Dearness Allowance and Dearness Relief at current rates till July 2021 महंगाई भत्ते और महंगाई राहत की मौजूदा दरों को जुलाई 2021 तक रोकने के संबंध में
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[at]gmail.com
(A CANCER PATIENT)
Mob: 7018748978, 9418009991.
Email: maj.onkarsinghguleria[at]gmail.com
