1. Manoj Pant Finance Secretary West Bengal stated in para 5 of his affidavit to #calcuttahighcourt that remitting #DearnessAllowance wud be "beyond the financial capacity of the State Govt."
As DA an inseparable part of d salary,this statement is a "breach of contract" by GOWB.
As DA an inseparable part of d salary,this statement is a "breach of contract" by GOWB.
2. Why "breach of contract"?
Salary money is committed from before (a contract) which cannot be reduced with time.
As money is a negotiable instrument, Govt actually commits commodities in lieu of that committed salary amount.
As inflation occurs, DA is remitted as the
Salary money is committed from before (a contract) which cannot be reduced with time.
As money is a negotiable instrument, Govt actually commits commodities in lieu of that committed salary amount.
As inflation occurs, DA is remitted as the
3. inflation adjustment factor to let the employees buy the same amount of commodities with his salary even after price rise.
Thus DA is to preventing reduction of salary with time due to price rise.
Hence, non-remittance of #DearnessAllowance = reduction of committed salary/
Thus DA is to preventing reduction of salary with time due to price rise.
Hence, non-remittance of #DearnessAllowance = reduction of committed salary/
4. remittance of incomplete salary by the Govt which is a "breach of contract".
A punishable criminal offence under Contract Act.
Govt is no one to decide whether to remit #DearnessAllowance or not irrespective of the "financial capacity of the State Government."
A punishable criminal offence under Contract Act.
Govt is no one to decide whether to remit #DearnessAllowance or not irrespective of the "financial capacity of the State Government."
Why "breach of contract"?
Salary money is committed frm b4(a contract)which can't be reduced with time
Govt actually commits not money but commodities & pays a definite amount of money in lieu of that,money being a negotiable instrument
As inflation occurs,DA is remitted as d
Salary money is committed frm b4(a contract)which can't be reduced with time
Govt actually commits not money but commodities & pays a definite amount of money in lieu of that,money being a negotiable instrument
As inflation occurs,DA is remitted as d
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