DA cannot be claimed as a matter of right, Kerala government informs HC

The Kerala government, in its case filed in the Kerala High Court, has argued that dearness allowance (DA) is the prerogative of the administration and cannot be claimed as a matter of right as it is not a statutory benefit.

Moreover, there can be no talk of a time frame for repayment of DA debts as the Union government’s policies affect the State’s ability to borrow. He added that the state government is waiting for the decision on the plea submitted to the Supreme Court on the issue. A decision on the DA issue can be made based on the outcome of the petition and a policy decision appropriate to the availability of funds.

The government said this in a counter-affidavit submitted to the court in response to a petition demanding payment of prosecutorial debts of government employees.

The petition was submitted by the Federation of University Employees’ Organisations, requesting that the DA be revised and paid with effect from January 1, 2021. The state government added that the top court had not made it mandatory to grant DA. He had simply decided that there should be no undue delay in payment of the DA.

Six installments of DA are reportedly pending for government employees since July 2023.