Calcutta High Court Allows Sit-In Protest By Govt Employees Demanding Release Of Dearness Allowance Near State Secretariat 'Nabanna'

The Calcutta High Court has partially upheld an order by a single judge which allowed members of the Sangrami Joutha Mancha, who are state government employees to conduct a peaceful sit-in protest for increase in their dearness allowance (DA) outside the State Secretariat building 'Nabanna' located in Howrah.

A single bench of Justice Rajasekhar Mantha had on an earlier occasion conditionally allowed the protest to be conducted over 72 hours from 22nd-24th December by directing that the petitioners undertake to hold a very peaceful sit-in demonstration and not cause any inconvenience in public at large. The petitioners shall clean the place of sit-in demonstration after its completion. The petitioners shall also strictly maintain the noise pollution norms.

Today, the State preferred an appeal against the aforesaid order before a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya. 

It was submitted by the State that the protestors had already moved into the area adjacent to the Secretariat building and that there would need to be alternate arrangements made for them, as their gathering near the Secretariat building was disrupting the movement of the general public. 

It was submitted by the petitioners, that the State government had already announced a 4% hike in DA as a result of the single bench order allowing the protest, and that the protestors were only 300 in number, carrying out a peaceful demonstration. 

Upon hearing the arguments, the Bench expressed disinclination to order a stay on the protests and instead directed that the petitioners move out of the area by 4 pm on the 23rd of November, instead of the 24th of November as originally ordered. 

It concluded: 'Considering the fact that the demonstration is ongoing and that taking note of the fact that Christmas celebrations are on, we direct the respondent organisation to wrap up the demonstrations by tomorrow i.e 23.12.2023. It is needless to state that the demonstration should be peaceful and no derogatory statements or slogans should be raised during the demonstration."

Citation: 2023 LiveLaw (Cal) 350

Case: Sangrami Joutha Mancha and Anr. Vs. State of West Bengal and Ors.

Case No: WPA 28257 of 2023

Click here to read single-bench order