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Supreme Court Orders West Bengal to Pay 25% DA Arrears to State Government Employees

The Supreme Court has directed the West Bengal government to immediately release 25% of pending Dearness Allowance arrears to state employees and pensioners, ruling that DA is a legally enforceable right.
Supreme Court Orders West Bengal to Pay 25% DA Arrears to State Government Employees

New Delhi, February 7, 2026: The Supreme Court of India has directed the West Bengal government to immediately release 25 per cent of the pending Dearness Allowance (DA) arrears to state government employees and pensioners, providing long-awaited relief in a dispute that has continued for several years.

The apex court observed that Dearness Allowance is a statutory and legally enforceable right, meant to offset the impact of inflation on salaries, and cannot be withheld indefinitely. The direction came after the court took note of prolonged delays in clearing DA dues and the financial hardship faced by employees.

Key Directions from the Court

As per the Supreme Court’s order:

  • The West Bengal government must pay 25 per cent of the outstanding DA arrears immediately.

  • The remaining arrears will be addressed through a structured payment mechanism, to be finalised separately.

  • The court made it clear that financial constraints cannot be cited as a reason to deny legitimate dues to employees.

The ruling applies to serving employees as well as pensioners, covering arrears accumulated over multiple years.

 

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Background of the DA Dispute

The dispute arose after state government employees sought payment of long-pending DA arrears and parity with prevailing rates. While the state had announced periodic DA hikes, arrears for earlier periods remained unpaid, leading to legal proceedings that eventually reached the Supreme Court.

Employee unions argued that non-payment of DA defeated the very purpose of the allowance, which is to protect income against rising living costs.

 

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Impact and Response

The order is expected to benefit nearly 20 lakh state government employees and pensioners across West Bengal. Following the verdict, the state government has initiated internal consultations to assess the financial implications and ensure compliance with the court’s directions.

The judgment is being seen as a significant reaffirmation of employee rights and sets an important precedent on the enforceability of Dearness Allowance payments by state governments.

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