DEBASISH KAR GUPTA,J. - (1.) This Writ Application is filed against a final order dated February 16, 2017, passed by the West Bengal Administrative Tribunal dismissing the Original Application.
(2.) The above Original Application was filled by the applicants/writ petitioners before the learned Tribunal seeking following reliefs:- "(a) A direction upon the respondents authorities to forthwith release the 50% dearness allowances which is due upto January, 2006 immediately within a period of 1 (one) month from the date of receiving of the order; (b) A direction upon the respondent authorities to immediately comply with the report and the recommendations of the 5th Pay Commission Report positively and without fail within a period of 1 (one) month from the communication of the order; (c) A direction upon the respondent authorities to release the 50% of dearness allowances as the State Government without releasing the 50% dearness allowances for mere eye-wash set up a 6th Pay Commission who recommended for 10% interim relief upon the basic pay. But no whisper about due 50% dearness allowances and unless the court intervenes into it there may be every possibility of forfeiture of that 50% due dearness allowances which is the penultimate goal and gain of the State Government and the applicants will suffer irreparable loss and injury; (d) The applicants pray for relief order directing the respondent authorities to grant 50% of the Dearness Allowances as that of the Central Government with arrear up to January, 2016 within a period of two weeks from the date of order; (e) Costs pertaining to this application and incidental thereto; (f) Such other further order or orders as Your Lordships may deem fit and proper."
(3.) The learned Tribunal arrived at the following findings at the time of dismissing the original application:- (i) Payment of Dearness Allowance to the employees of the Government of West Bengal was absolute prerogative falling with the discretionary domain of the Employer (read the State Government) and inaction and/or refusal on the part of former cannot result in denial of an accrued right of the Employee for getting Dearness Allowance; (ii) Though part of the recommendation of 5th Pay Commission might have been acted upon, it did entail that as a necessary corollary the same had to be carried out to its logical conclusion; (iii) The issue of discrimination in the matter of payment of Dearness Allowance to the Employees of the State of West Bengal with their counterparts serving in Banga Bhawan at New Delhi and in Youth Hostel at Chennai including the Employees of West Bengal State Electricity Development Corporation, could be grappled and no analogy on the basis of the same could be derived in this context.;