The Punjab and Haryana High Court has directed Punjab Chief Secretary to remain personally present before it after taking note of the State’s prima facie failure to comply with its earlier orders on payment of pending dearness allowance (DA).The Division Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the direction while hearing applications related to alleged non-compliance with the High Court’s August 3 judgment directing Punjab and the Punjab State Power Corporation Limited (PSPCL) to release all up-to-date pending DA/DR instalments at the Central Government rates.At the onset, the Bench noted the petitioners’ contentions that the State was attempting to project as if some sort of compromise had been worked out between the parties. But their case was that they were only approaching the authorities in the State of Punjab for implementation of the court’s judgment.The Bench, during the course of hearing, observed that the petitioners had also placed before the court newspapers containing full-page advertisements on the occasion of Independence Day allegedly congratulating people. They submitted that the advertisements were “surrogate” in nature and amounted to an attempt to do something prohibited by the court.The petitioners had also submitted that despite expiry of sufficient time, the orders had not been complied with and huge amounts were being spent for different purposes “in teeth of the orders”. The Bench recorded that it had initially not taken cognizance of the pleas though the arguments were advanced, observing on the previous occasion that the State – being a litigant – had every right to challenge the judgment by filing an appeal. “Newspaper reports had also indicated that the State of Punjab had actually filed such an appeal,” the Bench noted. The court was assisted in the matter on the applicants’ behalf by senior advocate Sanjay Kaushal.The Court added it was informed that the appeals had been filed on September 1, but the defects pointed out by the Registry had not been removed. “On our asking about the status of the State’s SLP lying in defect, we are informed on behalf of the petitioners that none of the defects have been removed. It is submitted that the State is not proceeding in a fair manner, and the attempt somehow or the other is to drag the proceedings. Prayer accordingly is made to take cognizance of the act of disobedience on part of the State authorities and proceed as well.”The Bench then recorded the stand of the State that it was attempting to amicably resolve the issue, and that they be granted two weeks’ further time to get the defects removed. “In a matter of the present kind, where the interest of all State employees and pensioners are involved, and the judgment of the Court was delivered on August 3, we would have expected the State to act with promptness in pursuing the legal remedies available to it. Till date, the Chief Secretary has not filed an affidavit of compliance in terms of the order dated August 3,” the Bench said.The court also noted that the Single Judge, whose order has not been interfered with by the Bench in appeal, had actually granted three months’ time to the State to release the arrears. Since the time for such purpose had expired, we granted further time of a fortnight for the purpose,” the Bench said.The Bench then recorded: “Despite such repeated opportunities, the State has chosen not to comply with the orders of the Court. “Though we respect the right of the State to pursue its remedy of appeal, that right must be exercised fairly, and the proceedings cannot be adjourned indefinitely for the purpose,” it said.The Bench further observed: “As we find that prima facie our orders have not been complied with, and no affidavit of compliance has been filed by the Chief Secretary, we direct the Chief Secretary, State of Punjab, to remain present before the Court.”The Bench added the only exception would be the State securing “some protection from the Supreme Court”


