Night Duty Allowance (NDA) - Clarification regarding Fixation of ceiling of pay for entitlement
Government of India
Ministry of Defence
(Department of Defence)
D(Civ.II)
Subject: Night Duty Allowance (NDA) - Clarification regarding Fixation of ceiling of pay for entitlement.
Ref. : CGDA UO No. AT/11/2366/NDANol-X dated 22.01.2016 and last reminder dated 13.12.2016
In
compliance of Hon. CAT, Jodhpur Bench Order dated 5 Nov 2009, MoD
issued letter dated 8th May 2015 to provide that the payment of Night
Duty Allowance (NDA) shall be made on the basis of the current pay of
the employees who are deployed for performing the duty during the night
hours. Accordingly, Principal Controller of Accounts (PCA)(Fys), Kolkata
issued letter dated 29.05.2015 to define the new formula for
computation of NDA. This formula provides that the amount of NDA shall
be computed by taking employee's current Band Pay & Grade Pay plus
DA divided by 195 (i.e. total working hours in a month). In this manner,
the Hon'ble CAT order, as upheld by Hon'ble High Court/Supreme Court
stands implemented in letter & spirit.
2. Subsequently, PCA
(Fys) Kolkata issued letter dated,9 Sep 2015 to prescribe the pay
ceiling corresponding to Rs. 2200 per month (specified in terms of DoPT
OM dated 4 Oct 1989) to determine entitlement of staff for night duty.
However, the corresponding pay so prescribed was not accepted by the OFB
Administration.
As per OFB's calculations, the current pay
corresponding to Rs.2200 is not only different, but there is wide
disparity in both the figures. OFB has stated that they cannot accept
this unilateral decision of PCA(Fys) because the calculations are
incorrect. Besides, this has led to industrial unrest at all Ordnance
Factories.
The staff side members have expressed displeasure and
have threatened to stop Night duty at all Ordnance Factories. OFB Admn
apprehends serious loss of production and have requested MoD to examine
the issue and intimate corresponding pay of Rs.2200 so that the
employees could be detailed accordingly for performing duty at night
hours. Likewise, CGDA has also sought clarification from MoD on the same
issue.
3. The matter was examined in MoD in consultation with
MoD(Fin) and DoPT. DoPT stated that the calculations made by both PCA
(Fys) and OFB are incorrect and prescribed a different formula to
compute the current pay corresponding to Rs.2200 per month that existed
during 1989. Both PCA(Fys) and OFB have rejected this formula for being
cumbersome and unworkable.
This office also supports their views
because using this formula entails tedious calculations of pay of each
employee ever since their date of joining service, running into decades.
In a nutshell, attempts to find out the current pay equivalent to
Rs.2200 pm have not been fruitful in spite of consultations with DoPT
and MoD(Fin), and the stalemate on the issue continues across all the
defence establishments, leading to confusion and possible loss of
productivity.
4. On further consideration, it has been observed
that the DOPT OM No. 12012/4/86-Estt.(Allowances) dt. 04.10.1989 on the
subject of NDA lays down following condition to determine the
entitlement for NDA:
(Clause a) - The ceiling of pay for entitlement of NDA shall be Rs. 2200/- p.m.
(Clause
b)- There will however be no ceiling for entitlement of NDA in respect
of officials who are, at present, getting this benefit as per existing
criteria.
5.Clause (a)
The pay
ceiling of Rs. 2200 per month mentioned in the DoPT in their OM dated 4
Oct 1989, was prescribed more than 25 years ago. During the intervening
period, two Pay Commissions have come into force which have altered the
pay structure of the employees drastically. In spite of an altogether
different landscape of the pay structure, the DoPT did not come up with
any revised order to amend the provisions of their OM dated 4 Oct 1989
relevant to the current pay structure. In the absence of clear
guidelines, the management of Defence Establishments resorted to adhoc
measures to keep their organisations running during the night hours in
the intervening period. Proposals sent by MoD to DoP&T at various
stages in the light of various judicial pronouncements, were rejected,
sometimes on the grounds that the DoPT orders are not applicable to
industrial employees.
In the current phase, the efforts being made
by the defence authorities to adhere to the prescribed pay limit have
proved to be frustrating because of the practical difficulties being
faced by both Accounting Authorities and the Defence Estts who, due to
tedious and lengthy calculations, have not been able to reach a
consensus to determine the level of staff who can be deployed for
performing the night duty. In the current scenario, where the pay
ceiling of Rs.2200 prn. is obsolete and meaningless, and the DoPT have
avoided prescribing a realistic ceiling that would be relevant to the
current pay structure of the Government employees, it is left upon MoD
to find a solution. Even though MoD proposes to take up the matter with
DoPT again for prescribing a pay ceiling based on the current pay
structure, it is however felt that the decision thereon shall have
reflection over the future cases only and is not likely to resolve the
current cases.
6. Clause (b)
The provision
in the DoPT OM dated 4 Oct 1989 (highlighted above in para 4) permits
entitlement of NDA without any ceiling in respect of officials "who were
getting this benefit (at that time) as per existing criteria". In view
of the fact that the pay ceiling prescribed in clause (a) is of no
relevance today, it has become necessary to resolve the imbroglio by
resorting to the second provision given in this OM - named as clause
(b). It has been decided that till such time the new pay parameters
based on the current pay structure to determine the entitlement for NDA
are prescribed by the nodal Ministry, OFB/Field Offices/Defence
Establishments are allowed to determine the entitlement of their
employees for the purpose of NDA in terms of this clause in the DoPT OM
dated 04.10.1989 that provides that
there shall be no ceiling
for entitlement of NDA in respect of such officials who were getting
this benefit at that point of time as per extant criteria. So
as to give a formal and concrete shape to this, the OFB and other
Defence Establishments are being advised to issue a one-time office
order, specifying in definite terms, the designations/ categories/levels
of non-gazetted employees (Industrial and Non Industrial) who were
getting this benefit of NDA in accordance with extant instructions i.e.
DoPT OM dated 4 Oct 1989, so as to ensure their seamless deployment at
night shifts and payment of NDA based on current pay.
7. CGDA is,
therefore, requested to issue necessary directions to their lower
formations to deal with the cases of payment of NDA accordingly.
8. This issues with the approval of Additional Secretary.
S/d,
(Anil Kumar)
Deputy Secretary to the Govt of India
Tel: 23011681
Signed Copy
