MHC directs TN to settle DA for TWAD pensioners without backlog
The petitioners contended that the State government issued an order to revise the DA benefits from 17 percent to 31 percent from January 2022 and further revise the DA from 31 percent to 34 from December 2022.
Madras High Court.
CHENNAI: The Madras High Court has directed the Tamil Nadu government to settle the revised dearness allowance (DA) benefits with difference amount to the pensioners of Tamil Nadu Water Supply and Drainage Board (TWAD).
Tamil Nadu Kudineer Vadikal Variya Oyvuthiyarkal Mattrum Kudumba Oyvuthiyarkal Nala Sangam, an association for TWAD pensioners moved the Madras High Court to direct the State to pay the DA benefits without arrears from January 2022.
Justice N Sathish Kumar wrote "the action of the government as well as TWAD restricting such benefits cannot be sustained in the eye of law on the ground of violation of equality clause", while disposing of the petition.
The petitioners contended that the State government issued an order to revise the DA benefits from 17 percent to 31 percent from January 2022 and further revise the DA from 31 percent to 34 from December 2022.
Even though, the government had issued an order revising the dearness allowance for the pensioner/family pensioners, the same was not implemented by the TWAD said the petitioners.
After the clearance from the State the TWAD enhanced the DA to the pensioners from December, 2022 instead of January.
The petitioner contended that the benefits are extended to all others including serving employee of the Board and the benefits are not extended to the petitioners merely on the basis of financial crisis, it is a clear case of discrimination.
The counsel for the TWAD submitted that the government has issued guidelines indicating that any welfare scheme implemented for government employees should not be extended to the employees of loss making undertakings.
However, such welfare schemes may be extended to other state public sector Undertakings based on their profitability after obtaining prior concurrence of government. A detailed proposal has been sent to the government to extend the benefits to the pensioners, that has been agreed by the government with a caveat that the TWAD has to bear the cost from their own funds and shall not seek any government support. Therefore, it is the contention that only due to the financial crisis the amount has not been paid, said TWAD.
The court directed the State to pay the difference amount within four months.