*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 vunerable 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 Dearness allownce with effect from 01st January 2020 atleast
to veterans and if possible to all employees.
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.
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.