Wrong Analysis and recommendations about NDA under 7th CPC report

Wrong Analysis and recommendations about NDA under 7th CPC report
Board's attention is invited towards this federation's letter of even number dated 2nd April, 2018 (copy enclosed), vide which it was pointed out that, on implementation of new formula, recommended by the VII CPC, rates of Night Duty Allowance get reduced rather than any improvement therein……

AIRF

No.AIRF/405(VII CPC)

Dated: September 17, 2018

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,
Sub: Wrong Analysis and recommendations about NDA under 7th CPC report

Ref.: (i) Report of 7th CPC(Para 8.17.71 to 77) reg. Night Duty Allowance
(ii) RBE No.61/2016(Last NDA Rate of 6th CPC when DA at 125%)
(iii) RBE No.36/2018 No.E(P&A)II-2017/HW-1 dated 08.03.2018

Board's attention is invited towards this federation's letter of even number dated 2nd April, 2018 (copy enclosed), vide which it was pointed out that, on implementation of new formula, recommended by the VII CPC, rates of Night Duty Allowance get reduced rather than any improvement therein.

A calculation table was also appended in our letter referred to above, explaining the actual reduction in Night Duty Allowance on implementation of current formula, recommended by the VII CPC, which we are again quoting hereunder for ready reference:-

Rates of Night Duty Allowance, as per 6th CPC formula (mean value of Pay Band + GP) + DA)/215, changed by the 7th CPC, i.e. (Basic Pay + DA)/200, will decline by 20% to 40% from the existing, i.e.

Pay Scales	As on 01.01.2016 when DA 125% (as per 6th CPC)	As on 01.07.2017 when DA 139% (as per 6thCPC, rate not declared by the Board)	As on 01.07.2017 when DA 5% (as per 7th CPC)
5200-20200-1800	151.75	161.20	94.50
5200-20200-1900	152.80	162.30	104.48
5200-20200-2000	153.85	163.40	113.93
5200-20200-2400	158.00	167.85	133.88
5200-20200-2800	162.20	172.30	153.30
9300-34800-4200	274.70	291.80	185.85
9300-34800-4600 and above	278.90	296.25	235.73

Also rates of the NDA were not declared by the Railway Board on 01.07.2016 and 01.01.2017 as per 6th CPC.

It is, therefore, reiterated that, the issue may be looked into afresh in the light of the foregoing, and improvement in the formula, recommended by the VII CPC, may be done, so that, rates of Night Duty Allowance get improved rather than any reduction therein.

This may kindly be treated as "Most Urgent" as there is serious discontentment brewing among the staff, particularly Running and Traffic Staff and other Safety Categories Staff who have to invariably perform night duty.

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
General Secretary

Source: AIRF

Night Duty Allowance (NDA) - Clarification regarding Fixation of Ceiling of pay for entitlement

Night Duty Allowance (NDA) - Clarification regarding Fixation of Ceiling of pay for entitlement

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

No. PT/3088/View/Vol-VI

Dated 11/08/2017

To,
All Sub-Offices
Under PCDA(CC)
Pay- I, II, III (Local)

Subject: Night Duty Allowance (NDA) - Clarification regarding Fixation of Ceiling of pay for entitlement.

A letter of Government of India, Ministry of Defence, (Department of Defence) D (Civ.II) bearing MOD ID No. 17(4)/2012/D-(Civ-II) dated 07.07.2017 received from HQrs office vide their letter No. AT/II/2366/NDA/Vol-XI dated 31.07.2017/ 02.08.2017 on the above subject, which is self-explanatory. is available on the website of PCDA CC (pcdaacc.gov.in) for your information, guidance and necessary action.

Encls: As above

sd/-
Accounts Officer (PT)

CGDA's letter No. AT/II/2366/NDA/Vol-XI dated 31.07.2017/ 02.08.2017

Controller General of Defence Accounts
ULAN BATAR ROAD, PALAM, DELHI CANTT-110010

File No..AT/II/2366/NDA/Vol-XI
Dated: 31 Jul 2017/02 Aug 2017

To,
PCDA(CC), Lucknow

Subject: Night Duty Allowance (NDA) - Clarification regarding Fixation of Ceiling of pay for entitlement.
Ref : This HQrs letter No. AT/II/2366/NDA/Vol-X dated 29.05.2015.

Consequent upon issuance of GoI, Min of Def No.17(4)/2012/D(Civ-II) dated 8th May 2015 for implementation of the order dated 5 Nov 2009 passed by Central Administrative Tribunal, Jodhpur Bench in OA 34/2008, filed by Shri Ram Kumar others, reference had been received in The HQrs office from several controllers regarding ceiling of pay for entitlement of Night Duty Allowance. Accordingly, The matter was Taken up with MOD for clarifications.

2. In this context, please find enclosed a copy of Ministry of Defence, ID No. 17(4)/2012/D-(Civ-II) dated 07th July 2017 on the above subject. The Cases of NDA may be dealt with accordingly.

JT. CGDA (P&W) has seen.

(Ashish Yadav)
Sr. ACGDA

Night Duty Allowance (NDA) - Clarification regarding Fixation of ceiling of pay for entitlement

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

Night Duty Allowance without any ceiling as per 7th CPC - BPMS

Night Duty Allowance without any ceiling as per 7th CPC - BPMS

Payment of Night Duty Allowance on actual pay, without any ceiling and should be correlated with the pay of 7th CPC.

REF: BPMS/MOD/07thCPC/DAC/247(8/3/M)

Dated: 29.06.2017

REMINDER

To,
The Dy Secretary (CP),
Govt of India, Min of Defence,
Sena Bhawan, DHQ PO,
New Delhi 110011

Subject: Payment of Night Duty Allowance on actual pay, without any ceiling and should be 
correlated with the pay of 7th CPC.
Reference: This federation’s letter of even No. Dated 06.01.2017

Respected Sir,
With due regards, your attention is invited to the Anomalies Committee meeting held on 26.12.2016 under the Chairmanship of AS(J) Shri J Rama Krishna Rao wherein we have reflected our concern that the Night Duty Allowance was being paid on the notional basic pay of 4th CPC. Later, based on the Hon’ble Supreme Court judgment NDA is revised in 6th CPC pay scale and extended to all including non-petitioners w.e.f. 01.04.2007. Subsequently, PC of Fys imposed ceiling limit to the employees of Ordnance Factories that Rs.12380/-. OFB has referred the matter to MoD to remove the ceiling but this is not yet settled.
Therefore, you are requested to take necessary action so that the payment of Night Duty Allowance in defence establishments on the revised pay of 07th CPC may be granted without any ceiling.

Thanking you.

Sincerely yours
(MUKESH SINGH)

Secretary/BPMS &
Member, JCM-II Level Council (MOD)

Source: BPMS

7th CPC: AIIMS nurses to go on mass casual leave tomorrow

7th CPC: AIIMS nurses to go on mass casual leave tomorrow

Services at AIIMS are likely to be hit tomorrow as around 5,000 nurses of the premier hospital plan to go on mass casual leave to protest against the "discrimination" by the Seventh Central Pay Commission.
The AIIMS Nurses Union has also threatened to go on an indefinite strike from March 27 if their demands for revision of their pay scales and a hike in allowances are not met.

We are protesting against the retrograde recommendations of the Seventh Pay Commission. Our demand is that the entry pay grade for staff nurses should be enhanced to Rs 5,400 from the existing Rs 4,600 and the nursing allowance should be enhanced by Rs 7,800.

Besides, risk allowance and night duty allowances should be given to all nurses as it is given to all other government employees, said Harish Kumar Kajla, President of AIIMS Nurses Union.

We deal with the deadly infections daily but we are not provided enough risk allowance. If the demands are not met, we will go on an indefinite strike from March 27, Kajla added.

The association further claimed that the AIIMS management despite giving assurances has not addressed their issues for over a year.

On the assurance give by the management in a meeting regarding recommendation of enhanced pay scale, the Nurses Union had withdrawn the agitation called upon by the All India Nurses Union and subsequently withdrawn the mass casual leave called on February 26, 2016.

The AIIMS Nurses Union was patiently waiting for the last one year for the fulfilment of the promises made by the administration but our demands went into deaf ears. Despite repeated representations, the administration has shown no mood to address the issue raised by the Union, Kajla claimed.
According to faculty members, the move will badly hit the emergency services and the functioning of the operation theatres of the institute apart from other patient services.

The pay scales proposal has been sent to the Ministry of Health for consideration while the report of government on the allowances has not yet been finalised, a senior AIIMS official said.

Source: PTI

Grant of Night Duty Allowance on the basis of Actual Salary

Grant of Night Duty Allowance on the basis of Actual Salary – BPMS writes to OFB

BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

REF: BPMS / OFB / NDA / 200 (8/2/L)

Dated: 14/09/2015

To,
The DDG (IR),
Ordnance Factory Board,
10 A, S.K.Bose Road,
Kolkata – 700001

Subject: Grant of Night Duty Allowance on the basis of Actual Salary

Reference: PC of A (Fys) Kolkata letter No. Pay/Tech-II/1206/2015/13, dated 09.09.2015

Respected Sir,

With due regards, it is submitted that the issue of payment of Night Duty Allowance based on actual salary, instead of notional pay of Rs.2200/- was resolved vide MOD ID No. 17(4)/2012/D(Civ-II), Dated 08.05.2015 in compliance of Contempt Petition (CP No. 200/2014 Shri Arvind Girija Singh & Ors versus UOI & Ors.) based on the CAT Jodhpur directions in CA No 34/2008 dated 5.11.2009 and subsequent ratifications by Hon’ble High Court and Supreme Court of India.

We are surprised to see the PC of A (Fys) letter cited under reference whereby ceiling for entitlement of Night Duty Allowance has been revised to Rs. 12380/- pay in Pay Band. We have strong objection on the issuance of this letter because PC of A (Fys) is not the competent authority to revise the ceiling of entitlement for NDA unilaterally as the original order has been issued by Ministry of Defence in consultation with Min of Finance, DoP&T, Def (Finance) and if there was any doubt regarding eligibility, PC of A (Fys) should have asked for clarification from the competent authorities through prescribed channels.

Further, all the court cases regarding revision of night duty allowance was related to the notional ceiling of Rs. 2200/- per month and this issue was resolved by ordering the NDA on the actual salary and nowhere court further fixed any real or notional ceiling. Even it has been already clarified in the earlier order which states that entitlement ceiling of Rs. 2200/- is not applicable to existing categories who are getting NDA. Prior to implementation of recommendations of 6th CPC, IEs / NIEs / NGOs upto Assistant Foreman (Technical) was entitled for Night Duty Allowance being a non-gazetted supervisory staff but now the post of Assistant Foreman is merged with JWM which is a gazetted supervisory post in OFB. Hence, all the Industrial / Non-Industrial & Non – Gazetted Supervisory staff are entitled for NDA on the basis of actual salary.

Therefore, you are requested to intervene into the matter so that all IEs/NIEs/NGOs may get the NDA as per actual salary in compliance with the court pronouncements in letter and spirit.

Thanking you.

Sincerely yours
sd/-
(M P SINGH)
General Secretary

Source: BPMS

Eligibility of Night Duty Allowance for Ordnance Employees fixed at 12380(Band Pay) – PCAFYS Orders on 9.9.2015

Payment of Night Duty Allowance (NDA) at revised rates to the eligible civilian employees working in the Establishments under the Ministry of Defence.

Office of the Principal controller of Accounts (FYs)
10-A, S.K.Bose Road, Kolkata – 700 000

Pay/Tech-II/1206/2015/13

Dated: 09.09.2015

To,
All Cs F A (Fys)

Subject: Payment of Night Duty Allowance (NDA) at revised rates to the eligible civilian employees working in the Establishments under the Ministry of Defence.

Kindly refer to this office earlier circular No.Pay/Tech-II/1206/07 dated 28/05/2015 and No.Pay/Tech-II/1206/2015/08 dated 29/05/2015 under which the orders for payment of NDA at revised rate have been issued. In this regard it is to mention that the ceiling of pay for entitlement of NDA was Rs. 2200/- pm’ vide DOPT order dated 04/10/1989. Keeping in view of pay structure under 6th CPC it has been decided that the ceiling limit for entitlement of NDA may be fixed at Rs.12380/-. While making payment of NDA, an employee’s pay in the pay band will be compared with that figure and if pay in the Pay Band is less than above limit then he will be eligible for NDA at current rates otherwise he is not.

If any of the employees have been paid NDA already in terms of this office earlier circulars dated 28/05/2015 and 29/05/2015 whose pay in the pay band is beyond this ceiling limit, recovery action may please be initiated.

The same may please be communicated to all the Br. AOs under your jurisdiction, for necessary action at their end.

This issues with the approval of Competent Authority.

sd/-
Joint controller of Accounts (Fys)

Source: www.pcafys.nic.in

Method of Night Duty Allowance and Night Shift Bonus Calculation for Industrial Employees

Method of Night Duty Allowance and Night Shift Bonus Calculation for Industrial Employees

Night Duty Allowance & Night Shift Bonus in OFB- Para 196 & 201 of Office Manual Part-VI (Volume-I) Chapter -V (Labour-Methods of Payment and Allocation)

Night Duty Allowance

201. Industrial employees working on night shifts are eligible for Night Duty allowance on the basis of weightage of 10 minutes for every hour of night duty performed between 22.00 hours and 6.00 hours at the rates specified in the Government orders Issued from time to time.

For calculation of weightage, duty for less than half an hour shall be ignored and, duty for half an hour and more but less than one hour shall be reckoned as one full hour. The rounding off of fractions of an hour shall be made with reference to the, actual hours of night, duty performed in a month (i.e. wage period) and not on daily basis.

Night duty allowance not be admissible during overtime hours if any falling within the night duty hours. The allowance will not be treated as `Pay’ for purpose of piece work earnings or for other allowances admissible to the employees. The night duty allowance payable to the industrial employees shall be booked to work order number 02/00003/00 and the work order is exempt from DA levy.
Note: – In the muster rolls, the period of night shift indicating the time of commencement and closing of such a shift in respect of workers on night duty should be specifically indicated by the factory.

The net hours of work between 22.00, hrs and 6.00 hrs. performed by the workers daily during the normal hours of night shift duty (i.e. after excluding the period of recess, shift leave, overtime etc. during that period) ‘,which hours qualify for night duty allowance should be shown separately in muster roll and progressive weekly and monthly Carried over as done in the case of normal booking, of attendance.

Night Shift bonus

196. A night shift represents the hours worked between the termination of the day shift and the normal opening hours of the next day. The piece workers who Perform overtime work under Departmental rules in the night shift will be paid an extra half hour pay termed as ‘Night shift bonus‘ calculated at the hourly rate of 1/200 of the monthly basic pay plus dearness allowance, special pay, personal pay, pension (to the extent taken into account for fixation of pay in the case of re-employed pensioners) and city compensatory allowance for every hour of systematic overtime under Departmental Rules worked on the Night shift in addition to their piece yearnings. This element is not admissible to day workers.

Source: www.bpms.org.in
Click to view the order

Rates of Night Duty Allowance w.e.f. 1.1.2015 for Railway Industrial Employees and Staff

Rates of Night Duty Allowance w.e.f. 01.01.2015 for Railway Industrial Employees and Staff

G.I., Min. of Railways, Railway Board Orders RBE No.58/2015, E(P&A)II-2015/HW-1, dated 8.6.2015

Subject: Rates of Night Duty Allowance w.e.f. 01.01.2015.

Consequent to sanction of an additional instalment of Dearness Allowance vide this Ministry’s letter No. PC-VI/2008/I/7/211 dated 13.04.2015, the President is pleased to decide that the rates of Night Duty Allowance, as notified vide Annexures ‘A’ and ‘B’ of Board’s letter No. E(P&A)II-2014/HW-1 dated 02.12.2014 stand revised with effect from 01.01.2015 as indicated at Annexure ‘A’ in respect of ‘Continuous’, ‘Intensive’, ‘Excluded’ categories and workshop employees, and as indicated at Annexure ‘B’ in respect of ‘Essentially Intermittent’ categories.

Source: AIRF

Night Duty Allowance: Working in the establishments under the Ministry of Defence in implementation of Hon. C.A.T. Jodhpur Order dated 5 Nov 2009

Payment of Night Duty Allowance (NDA) at revised rates to Defence Civilians – MOD Order

No.17(4)/2012/D(Civ-II)
Government of India
Ministry of Defence

B Wing, Sena Bhavan
New Delhi
Dated : 8th May, 2015

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff
The Controller General of Defence Accounts, Delhi Cantt
The Chairman, Ordnance Factories Board, Kolkata
DGAQA/Coord
DGQA/Admn 7
D(R&D)

Subject : Working in the establishments under the Ministry of Defence in implementation of Hon. C.A.T. Jodhpur Order dated 5 Nov 2009.

Sir,
I am directed to say that the consolidated orders on the subject of Night Duty Allowance were issued by the Department of Personnel and Training vide their OM No.12012/4/86-Estt(Allowances) dated 4th Oct, 1989, in terms of sub para (2) of para(2) of Para 2 of this OM, Night Duty Allowance is to be computed taking into account the rates of pay including Dearness Allowance and CCA, in force on the basis of the recommendations of the 4th Central Pay Commission. However, these rates have not been revised on the basis of the pay structure that came into force after the report of 5th and 6th Central Pay Commissions.

2. Aggrieved by this non-revision of the rates of NDA, a number of applications have been filed by the Defence Civilian employees in various Courts/Tribunals. In OA No.34/2008, filed by Shri Ram Kumar & Others Hon. Central Administrative Tribunal, Jodhpur Bench passed orders dated 5 Nov 2009 in favour of the applicants. The appeals filed by the Union of India in the Hon’ble High Court of Rajasthan (DB Civil WP No.9927/2010) and in the Supreme Court order (Sup No.8276/2012) against the above Order dated 5 Nov, 2009 of Hon Court Jodhpur Bench, were dismissed on 1 Aug 2011 on 1 Aug 2011 and 8 May 2012 respectively.

3. The issue of payment of NDA at revised rates to the eligible Defence Civilian Employees, has been examined in the MoD in consultation with Ministry of Finance (Deptt of Expenditure), Deptt of Personnel & Training and Ministry of Law and justice in the light of the observations made by MoF(DoE), DoP&T and Min L&J, a conscious decisions has been taken with the approval of Competent Authority in Ministry of Defence to make payment of the Night Duty Allowance to the eligible Defence Civilian employees (Industrial and non-industrial employees), based on the revised pay and allowances drawn by them w.e.f. 1st Jan 2006 and payment of arrears from April, 2007 in terms of Hon.C.A.T., Jodhpur Bench order dated 5 Nov, 2009 in OA No.34/2008 filed by Shri Ram Kumar & Others, as upheld by the Hon’ble Supreme Court of India.

4. All other terms and conditions as laid down in the MoD ID No.6(4)/88/D(Civ-I) dated 12 Oct 1989 and dated 15 March 1990, as amended from time to time shall remain unchanged.

5. This issues with the concurrence of Ministry of Defence (Fin) vide their ID BNo.89/AG/PB dated 8th May 2015.

(Gurudeep Singh)
Under Secretary to the Govt of India

Download : Night Duty Allowance at Revised rates for Defence Civilians

Grant of Night Duty Allowance on the basis of Actual Salary – Implementation of Courts Judgements – BPMS

Grant of Night Duty Allowance on the basis of Actual Salary – Implementation of Courts Judgements – BPMS

BHARATIYA PRATIRAKSH MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)

REF: BPMS / MOD / NDA / 200 (8/2/L)

Dated: 24.04.2015

To,
Shri R K Mathur,
Secretary, Department of Defence,
Min of Defence, Govt of India,
South Block, New Delhi – 110011

Shri G Mohan Kumar,
Secretary, Department of Defence Production,
Govt of India, Min of Defence,
South Block, New Delhi – 110011

Ms. Vandana Srivastava,
Financial Adviser (Defence Services),
Govt of India, Min of Defence,
South Block, New Delhi – 110011

Subject: Prior Intimation for Contempt Petition: Grant of Night Duty Allowance on the basis of Actual Salary – Implementation of Courts Judgements.

Respected Sir / Madam,

With due regards, it is submitted that the issue of payment of Night Duty Allowance based on actual salary instead of notional pay of Rs.2200/- was under consideration in the Ministry of Defence consequent of Courts judgments. Hon’ble CAT Jodhpur has already 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 It is learnt that vide I.D. No. 17(4)/2012/D (Civ-II), dated 04.01.2013 MOD had asked for some data from all the Dtes/Hqrs and since then the matter was pending. Meanwhile, O.A. No. 2017/2014 was filed in CAT Mumbai on 17th January, 2014 as ‘All Employees of Ordnance Factory Ambajhari, Nagpur (1598 applicants) versus Union of India through Secretary, Min of Defence’ for payment of Night Duty Allowance on the basis of actual salary. The O.A. was disposed of at the admission stage with the directive to consider the said representations of the applicants in the light of the judgement passed by Jodhpur within 12 weeks. Aggrieved by the non-compliance of the above directive, Contempt Petition (CP No.200/2014 Shri Arvind Girija Singh & Ors versus UOI & Ors.) was filed and the subject CP was heard on 23.02.2015 and after hearing both sides Hon’ble CAT Mumbai disposed of the contempt petition with an order to grant night duty allowance as per revised rate within 03 months from the date of receiving the order.

As the period granted by the Hon’ble CAT is going to expire on 23.05.2015, all the concerned authorities are requested to take appropriate action so that Night Duty Allowance may be paid on the actual salary as per CAT directive to the petitioners as well as nonpetitioner, failing which by this federation BPMS will be compelled to file Contempt Petition.
Thanking you.

Sincerely yours

(M. P. SINGH)
General Secretary

Copy to:
Shri Nripendra Mishra,
Principal Secretary to Prime Minister of India
Prime Minister office,
152, South Block, New Delhi – 110011

– With due regards, to bring to your kind notice that due to lethargic attitude of the concerned authorities thousands of Central Government Civilian

employees are being compelled to approach the judicial forums to redress the service matters whereas the courts are already overloaded and several lakhs of litigants are waiting for judgment for decades.

Ironically, with the approval of Additional Secretary (R), vide MOD ID No. 18 (2)/2014-D(JCM), dated 09.12.2014, all the concerned have been directed that wherever feasible, the grievances of the similarly placed employees about service matters shall be resolved through administrative channels which would help in reducing unnecessary litigation as well as resentment amongst employees.

Source: BPMS

Grant of Night Duty Allowance on the basis of actual salary of 6th CPC

Grant of Night Duty Allowance on the basis of actual salary of 6th CPC

An All India Federation of Defence Workers, BPMS has published the message about the current status of Night Duty Allowance in Ordnance Factories.

Grant of Night Duty Allowance on the basis of actual salary of 6th CPC

Contempt Petition No. 200/2014 arising out of O.A. No. 2017/2014 Shri Arving Girija Sing & Ors Vs Union of India & Ors was heard by Hon’ble Mumbai Bench of CAT on 23.02.2015 and after hearing both sides Hon’ble CAT disposed of the Contempt Petition with an order to grant NDA as per revised rate within 03 months from the date of receiving the order. Further, CAT expressed that if required, a senior officer of O.F.Board should be deputed to the Ministry of Defence and Representative/Officer of MOD alongwith officer of O.F.Board should liaise with Ministry of Finance, Department of Expenditure to expedite the matter.

Since the period granted by Hon’ble CAT would expire on 23.05.2015, Secretary MOD has approved the proposal and the same has been vetted by FA (Def Fin) and now file is being sent to Min of Fin for concurrence so that CAT order may be implemented.

It is the status of the NDA as on 26.02.2015.

MUKESH SINGH
Secretary
01.03.2015

Rates of Night Duty Allowance w.e.f 01.07.2014 RBE 133/2014

Rates of Night Duty Allowance w.e.f 01.07.2014 RBE 133/2014

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE NO.133/2014

NO.E(P&A) II – 2014/HW-1

New Delhi, dated 02-12-2014

The General Manages/CAOs,
All Indian Railways & Prod. Units etc.
(As per mailing lists No.I & II).

Subject: Rates of Night Duty Allowance w.e.f. 01.07.2014.

Consequent to sanction of an additional instalment of Dearness Allowance vide this ministry’s letter No. PC-VI/2008/I/7/2/1 dated 19-09-2014, the president is pleased to decide that the rates of Night Duty Allowance, as notified vide Annexures A and B of Board’s Letter No.E(P&A)II-2014/HW-1 dated 23-05-2014 stand revised with effect from 01-07-2014 as indicated at Annexure A in respect of Continuous Intensive Excluded categories and workshop employees, and as indicated at Annexure B in respect of Essentially Intermittent categories.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

DA:One

Sd/-
(K.Shankar)
Director/E(P&A)
Railway Board.

ANNEXURE A
Rates of Night Duty Allowance (NDA) with effect from 01-07-2014 for intensive, Continuous and Excluded categories and workshop staff.
S.No	Pay Band	Grade Pay	Rate of NDA (in Rs.)
1	4440 – 7440	1300	69.70
2	4440 – 7440	1400	70.65
3	4440 – 7440	1600	72.60
4	4440 – 7440	1650	73.05
5	5200 – 20200	1800	139.60
6	5200 – 20200	1900	140.55
7	5200 – 20200	2000	141.55
8	5200 – 20200	2400	145.40
9	5200 – 20200	2800	149.25
10	9300 – 34800	4200	252.75
11	9300 – 34800	4600 and above	256.60

ANNEXURE – B
Rate of Night Duty Allowance (NDA) with effect from 01-07-2014 for Essentially Intermittent categories of Staff.
S.No	Pay Band	Grade Pay	Rate of NDA (in Rs.)
1	4440 – 7440	1300	46.45
2	4440 – 7440	1400	47.10
3	4440 – 7440	1600	48.40
4	4440 – 7440	1650	48.70
5	5200 – 20200	1800	93.05
6	5200 – 20200	1900	93.70
7	5200 – 20200	2000	94.35
8	5200 – 20200	2400	96.95
9	5200 – 20200	2800	99.50
10	9300 – 34800	4200	168.50
11	9300 – 34800	4600 and above	171.05

Source-http://www.airfindia.com/Orders%202014/NDA%20RBE%20133_2014.pdf

Night Shift Allowance for Industrial Employees : Cat Judgement

Night Shift Allowance for Industrial Employees : Cat Judgement 

Railway Employees are getting the Night Duty Allowance as per 6th CPC and it is revised from time to time. But, the Ordnance Industrial Employees are getting the allowance as per the 5th pay commission pay scale…

OA No.2017/2014
CENTRAL ADMINISTRATIVE TRIBUNAL BOMBAY BENCH, MUMBAI
ORIGINAL APPLICATION NO:- 2017/2014 DATED THIS Friday THE 17th DAY OF January, 2014.

CORAM:-HON’BLE SMT. CHAMELI MAJUMDAR, MEMBER (J)

All Employees of Ordnance Factory Ambajhari, Nagpur 440 021
(1598 Applicants name list attached )
. … Applicants
(By Advocate Shri Shaikh Ayyub)

VERSUS

1.Union of India, Through the Secretary, Ministry of Defence, D(Fy.II), Sena Bhawan, New Delhi 110 001.
2.The Secretary,
Ministry of Personnel & Public Grievances, Department of Personnel & Training, New Delhi 110 001.
3.The D.G.O.F./Chairman, Ordnance Factory Board, 10-A, Shaheed Khudiram Bose Road, Kolkata 700 001.
4.The Sr. General Manager, Ordnance Factory Ambajhari Nagpur 440 021. …
—————-Respondents

(By Advocate Shri R. G. Agarwal)

OA No.2017/2014

ORDER (ORAL)

Per: Smt. Chameli Majumdar, Member (J).

There are 1598 applicants in this O.A. who have joined this Original Application with a common grievance and praying for common relief. However, the title sheet of the O.A. indicates that there are 1603 applicants (Sl.Nos. 135, 845, 987, 1212 and 1322 being left out while numbering). M.A. No. 2009/2014 filed by the applicants for joint petition is allowed.

2. The Applicant No. 1 is the Union of the Ordnance Factory, Ambajhari, Nagpur. The grievance of the applicants is that although other employees of some Units of Defence establishment are being paid Night Duty Allowance as per Fifth and Sixth Central Pay Commission, the same is denied to the workmen of the factory of the Ordnance Factory Board at Ambhajari.

3. Heard Shri Shaikh Ayyub, Learned Counsel for the applicants and Shri R. G. Agarwal, Learned Counsel for the Respondents.

4. The Learned Counsel for the applicants has drawn my attention to the judgment passed by the Central Administrative Tribunal, Madras Bench, in O.A. No. 1391/2010 decided on 08.08.2012. In the said judgment, the Tribunal at Madras Bench relied on the judgment passed by the Central Administrative Tribunal, Jodhpur Bench. Relevant portion of the judgment is set out herein below :

“this is a fit case to direct the respondents to calculate and pay night duty allowance payable to industrial employees working in the 4th respondent factory on the basis of the revised basic pay and allowances drawn by them with effect from 01.01.1996 and 01.01.2006 as per the 5th and 6th Pay Commission’s recommendations respectively along with arrears with effect from 1.1.1996. The respondents are further directed to complete the entire exercise within a period of three months from the date of receipt of a copy of this order. In the result, the O.A. is allowed. No order as to costs.”

5. In view of the above, the competent authority is directed to consider the said representations of the applicants in the light of the judgment passed by Jodhpur as well as Madras Bench within 12 weeks from the date of receipt of a copy of this order and pass a reasoned and speaking order in accordance with law.
6. The O.A. stands disposed of in terms of above direction at the admission stage itself.

(Smt. Chameli Majumdar)

Member (J)

Source : Central Administrative Tribunal

Rates of Night Duty Allowance w.e.f. 01.01.2014 - Railway Board Order:-

Rates of Night Duty Allowance w.e.f. 01.01.2014 - Railway Board Order:-

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

RBE No. 55/2014

No.E(P&A)II-2014/HW-1

New Delhi, dated 23-05-2014.

The General Managers/CAOs,
All Indian Railways & Prod. Units etc,
(As per mailing lists No.1 & II).

Subject: Rates of Night Duty Allowance w.e.f. 01.01.2014.

Consequent to sanction of an additional instalment of Dearness Allowance vide this Ministry’s letter No. PC-VI/2008/I/7/2/1 dated 28.03.2014, the President is pleased to decide that the rates of Night Duty Allowance, as notified Vide Annexures ‘A’ and ‘B’ of Board’s letter No. E(P&A)II-2013/HW-2 dated 29.10.2013 stand revised with effect from 01.01.2014 as indicated at Annexure ‘A’ in respect of ‘Continuous’, ‘Intensive’, ‘Excluded’ categories and workshop employees, and as indicated at Annexure ‘B’ in respect of ‘Essentially Intermittent’ categories.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

DA:One.

sd/-

(K.Shankar)

Director/E(P&A)

Railway Board.

अनुबंध "क" ANNEXURE 'A'	अनुबंध "ख" ANNEXURE 'B"
गहन, निरंतर एवं वर्जित कोटियों तथा कारखाना कर्मचारियों के लिए 01.01.2014 से लागू रात्रि-कालीन डयूटी भत्ते की दरें। Rates of Night Duty Allowance (NDA) with effect from 01.01.2014 for 'Intensive', 'Continuous' and 'Excluded' categories and Workshop staff.	अनिवार्य संविरामी कोटियों के लिए 01.01.2014 से लागू रात्रि-कालीन डयूटी भत्ते की दरें। Rates of Night Duty Allowance (NDA) with effect from 01.01.2014 for 'Essentially Intermittent' categories of Staff
क्रम सं वेतन बैंड ग्रेड वेतन रात्रि-कालीन डयूटी भत्ते की दर S.No. Pay Band Grade Pay Rate of NDA (in Rs.) 1 4440-7440 1300 67.35 2 4440-7440 1400 68.30 3 4440-7440 1600 70.15 4 4440-7440 1650 70.60 5 5200-20200 1800 134.90 6 5200-20200 1900 135.80 7 5200-20200 2000 136.75 8 5200-20200 2400 140.45 9 5200-20200 2800 144.20 10 9300-34800 4200 244.20 11 9300-34800 4600 and above (4600 व अधिक) 247.90	क्रम सं वेतन बैंड ग्रेड वेतन रात्रि-कालीन डयूटी भत्ते की दर S.No. Pay Band Grade Pay Rate of NDA (in Rs.) 1 4440-7440 1300 44.90 2 4440-7440 1400 45.55 3 4440-7440 1600 46.75 4 4440-7440 1650 47.05 5 5200-20200 1800 89.95 6 5200-20200 1900 90.55 7 5200-20200 2000 91.15 8 5200-20200 2400 93.65 9 5200-20200 2800 96.15 10 9300-34800 4200 162.80 11 9300-34800 4600 and above (4600 व अधिक) 168.25

Source: AIRF
[http://www.airfindia.com/Orders%202014/RRB%2055_2014_23.05.2014.pdf]

Revised Rates of Night Duty Allowance w.e.f. 01.07.2013: Railway Board Order

Revised Rates of Night Duty Allowance w.e.f. 01.07.2013: Railway Board Order

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE No. 113/2013
No.E(P&A)II-2013/HW-2

New Delhi, dated 29-10-2013.

The General Managers/CAOs,
All Indian Railways & Prod. Units etc,
(As per mailing lists Nod & II).

Subject: Rates of Night Duty Allowance w.e.f. 01.07.2013.

Consequent to sanction of an additional instalment of Dearness Allowance vide this Ministry's letter No. PC-VI/2008/117/2/1 dated 25.09.2013. the President is pleased to decide that the rates of Night Duty Allowance, as notified vide Annexures 'A' and ‘B' of Board's letter No. E(P&A)II-2012/HW-2 dated 21.05.2013 stand revised with effect from 01.07.2013 as indicated at Annexure A' in respect of 'Continuous', 'Intensive', 'Excluded' categories and workshop employees, and as indicated at Annexure 'IV in respect of 'Essentially Intermittent' categories.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
DA:One.
 

sd/-
(K.Shankar)
Director/E(P&A)
Railway Board.

ANNEXURE 'A'	ANNEXURE 'B"
Rates of Night Duty Allowance (NDA) with effect from 01.07.2013 for 'Intensive', 'Continuous' and 'Excluded' categories and Workshop staff.	Rates of Night Duty Allowance (NDA) with effect from 01.07.2013 for 'Essentially Intermittent' categories of Staff
क्रम सं वेतन बैंड ग्रेड वेतन रात्रि-कालीन डयूटी भत्ते की दर S.No. Pay Band Grade Pay Rate of NDA (in Rs.) 1 4440-7440 1300 64.00 2 4440-7440 1400 64.85 3 4440-7440 1600 66.65 4 4440-7440 1650 67.05 5 5200-20200 1800 128.15 6 5200-20200 1900 129.00 7 5200-20200 2000 129.90 8 5200-20200 2400 133.45 9 5200-20200 2800 137.00 10 9300-34800 4200 232.00 11 9300-34800 4600 and above (4600 व अधिक) 235.50	क्रम सं वेतन बैंड ग्रेड वेतन रात्रि-कालीन डयूटी भत्ते की दर S.No. Pay Band Grade Pay Rate of NDA (in Rs.) 1 4440-7440 1300 42.65 2 4440-7440 1400 43.25 3 4440-7440 1600 44.45 4 4440-7440 1650 44.70 5 5200-20200 1800 85.45 6 5200-20200 1900 86.00 7 5200-20200 2000 86.60 8 5200-20200 2400 88.95 9 5200-20200 2800 91.35 10 9300-34800 4200 154.65 11 9300-34800 4600 and above (4600 व अधिक) 157.00

Source: AIRF
[http://www.airfindia.com/Orders%202013/NDA%20RBE%2048_2013_21.05.2013.pdf]

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.

---

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.

---

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