Grant of Night Duty Allowance on the basis of Actual Salary- Implementation of Courts Judgement

Grant of Night Duty Allowance on the basis of Actual Salary- Implementation of Courts Judgement

Office of the Principal Controller of Defence Accounts (Central Command) Cariappa Road, Cantt., Lucknow, Pin Code – 226002

TOP PRIORITY

Speed Post

No. PT/3088/CGDA/Corr                                                                                     Date: 04/02/2013

To,
    All Sub Offices

Sub -: Grant of Night Duty Allowance on the basis of Actual Salary-   Implementation of Courts Judgement.

Ref -:    HQrs Office Letter No. AT/II/2366/NDA-VIII dated     01/02/2013.

    The copy of HQrs Office Delhi Cantt. Letter No. cited under reference on above subjects is forwarded herewith for your information and information required as per Para 2 of MOD/D (Civ-II) U.O Note bearing NO. 17(4)/2012/D (Civ-II) dated 04.01.2013 (Copy enclosed) may please be forwarded to this office with in 5 days i.e by 08.02.2013 by Fax as the same is required to be furnished to HQrs office on TOP PRIORITY.

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Controller General of Defence Accounts
ULAN BATAR ROAD, PALAM, DELHI CANTT-10

No.AT/11/2366/NDA-VIII                                                                      Date 01/02/2013

To
    The PCDA (CC)
    LUCKNOW

    Subject: Grant of Night Duty Allowance on the basis of Actual Salary-            Implementation of Courts Judgement
    Copy of MoD/D (Civ-II) U.O Note bearing I.D No. 17(4)/2012/D (Civ-II) dated 04/01/2013 is forwarded herewith. The issue may be examined and information required as per para-2 of ibid U.O. may please be forwarded to his HQrs office within 10 days by Fax at 011-25675485 as the same is to be furnished to MoD on Top Priority.

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Most Immediate
Court Matter

Ministry of Defence
D (Civ-II)

Subject: Grant of Night Duty Allowance on the basis of Actual Salary –        Implementation of Courts Judgements.

    The issue of payment of Night Duty Allowance based on actual salary instead of notional pay of Rs.2200/- is under consideration in the Ministry consequent of Courts judgments. Hon’ble CAT jodhpur has passed the following directions in OA No 34/2008 dated 5.11.2009:

(i)    The Night Duty Allowance shall be paid to the applicants and the similarly situated persons on the basis of the actual salary after taking out the pay structure determinants like HRA etc., which have no actual relation to the work performed and on the basis of this pay, thus arrived at, Night Duty Allowance is payable to the applicants.

(ii)    The applicants are entitled to such arrears as is applicable to them from April 2007 on the basis of actual pay thus arrived at without any interest if the amount is calculated and arrears paid to them from six months from the date of receipt of a copy of this order and thereafter with 6% interest.

(iii)    The O.A is allowed to the extent as aforesaid. No order as to costs.

2.     The following information is required to be submitted to Defence (Finance) for taking a conscious decision in the matter:

(i)    No. of employees eligible for getting NDA with the break-up of Industrial or Non-Industrial employees; and

(ii)    The financial implication if the proposal is implemented in favour of the petitioners only and (ii) all similarly placed personnel including the petitioners.

3.    It is requested that the above information may be furnished to the Ministry in time bound manner

(M S Sharma)
Under Secretary

source- cgda