DA dues: HC tells Punjab to pursue SC challenge, gives 10 days to remove defects

The Punjab and Haryana High Court on Thursday pulled up the Punjab government for failing to comply with its August 3 order on clearing the pending Dearness Allowance (DA) arrears of the government employees. The Division Bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor made it clear that it was not questioning the State’s right to challenge the High Court order in the Supreme Court, but expressed annoyance over what it viewed as delaying tactics in pursuing the matter.

“Don't try to play. Don't try to hoodwink the Court. Do not try to play games with the Court. You have a right of appeal. Please pursue that right,” the Bench observed orally. The bench was hearing an application seeking action against officials for alleged wilful disobedience and non-compliance with its August 3 order.

During the hearing, the Bench questioned why its order had not been complied with. The State counsel submitted that the government had availed the remedy of filing a Special Leave Petition (SLP) before the Supreme Court against the High Court’s order.

The counsel appearing for the petitioner submitted that the State had filed the SLP on September 1, but the objections in the matter had not been removed till date. The Bench questioned why the State had not exhausted its available remedies against the High Court order and expressed concern over the Court’s authority being challenged on social media.

“What you are doing, we don't want to say anything. But please get your appeal heard by next week, or otherwise, make a mention that you have already filed it. We would respect. You have all the right to challenge the order, but it cannot remain like this that you will not pursue the matter there.

All these kind of tactics we also understand,” the Division Bench observed orally. The Court further referred to the State having earlier informed it that the SLP was lying in defects and questioned why those defects had not been removed.

“Get your appeal heard. We are adjourning it by a week. Otherwise, whatever arguments are to come from their side or your objections, we will deal with it. But at the first instance, we do recognize that every person aggrieved by our judgment has a right of appeal.

So please do it. Don't do it like this. Last time also we were informed that it's lying in defect. Why can’t you get the defects removed?” the Chief Justice observed. The Bench reiterated that the State was entitled to pursue whatever remedy was available to it.

“Please do that. Whatever remedy is available to you, please exhaust it”, the HC observed. The State counsel also raised the issue of possible multiplicity of litigation, pointing out that the original petitioners had already initiated contempt proceedings before the regular Bench concerning alleged non-compliance with the August 3 judgment.

Senior advocate Chetan Mittal, appearing for the applicants, submitted that the State was required to place its compliance before the Bench by way of an affidavit. “Whatever compliance they have to do has to come on affidavit….

That we have filed the SLP and that it is likely to be listed, they have to state in affidavit,” Mittal submitted. The Bench directed the State counsel to remove the objections in the SLP filed before the Supreme Court within 10 days, failing which it would proceed in relation to the alleged non-compliance with its order.

The matter has now been adjourned to September 21, 2026.