7CPC - Reduction in the amount of NDA in 7th CPC as compared to 6th CPC and imposition of pay ceiling at Rs. 43,600/- p.m. for entitlement of NDA

 

Reduction in the amount of 7th CPC Night Duty Allowance as compared to 6th CPC and imposition of pay ceiling at Rs. 43,600/- for entitlement of NDA

Dated: 07/10/2020

No.I/5(E)

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Reduction in the amount of NDA in 7th CPC as compared to 6th CPC and imposition of pay ceiling at Rs. 43,600/- p.m. for entitlement of NDA -reg

Ref: (i) NFIR’s PNM item No.35/2018.
(ii) NFIR’s letters No.I/5(E) dated 30th July, 2018, 7th December, 2018 and 18th March,2019.
(iii) Railway Board’s reply vide No.E(P&A)II-2017/HW-1 dated June,2020 to NFIR.
(iv) NFIR’s letter No. I/5(E) dated 24/07/2020 addressed to Railway Board.
(v) Railway Board’s letter No. E(P&A)II-2017/HW-1 dated 29/09/2020 (RBE No.83/020).

Responding to Railway Board’s reply vide letter No. E(P&A)II-2017/HW-1 dated June 2020 to the GS/NFIR, Federation vide its letter dated 27/07/2020, requested the Railway Board to provide a copy of the proposal sent to Department of Expenditure (DoE) for taking further action at Government’s level. It is however observed that copy has not been made available till now, while the Railway Board vide RBE No. 83/2020 dated 29/09/2020 since issued instructions revising the rates of Night Duty Allowance (NDA), fixing unjustified pay ceiling at Rs. 43,600/-per month for entitlement of Night Duty Allowance to be applicable with effect from 01/07/2017. The said decision of the Railway Ministry prescribing pay ceiling of Rs. 43,600/- per month has resulted in deprival of Night Duty Allowance to large number of Railway employees, therefore unacceptable to the Federation in view of the following:-

Also check: 7th CPC Night Duty Allowance – Payment of (NDA) pursuant to the recommendations of 7th Central Pay Commission

• All Group ‘C’ Railway employees (working in GP 1800 to 4600, PB-1 & 2) are eligible to receive Night Duty Allowance (NDA) as could be verified vide Board’s letters dated 09/06/2016, 14/12/2016, 17/11/2017 & 08/03/2018. These provisions are also applicable to the Group ‘C’ Railway employees in GP 4600 and also those who got financial upgradation under MACPS in GP 4800 & 5400 respectively.
• It is relevant to note that since 6th CPC pay of the Railway employees has been fixed in 7th CPC pay levels applying multiplication factor of 2.57, similar criteria should have been applied for fixing rates of Night Duty Allowance without imposing any ceiling limit.
• With the issuance of Railway Board’s instructions vide dated 29/09/2020, prescribing pay ceiling of Rs. 43,600/-, the Railway employees working even in GP 1900, 2000, 2400/Pay Level 2, 3, 4 and above have been deprived of Night Duty Allowance, although they ‘continued to perform night duty for smooth running of train services at all times.
• The decision of Railway Board vide letter dated 29-09-2020 prescribing pay ceiling of Rs.43,600/- p.m w.e.f. July 1, 2017 would also cause financial hardship to the staff who have already been paid Night Duty Allowance at the rates prevailed till date as it may lead to recovery of the NDA already paid. This situation may lead to resentment and agony among Group ‘C’ employees of all pay levels. The Railway Ministry should take initiative and place the case before DoP&T, highlighting the uniqueness and complex working to review and allow Railway to sort out the matter in consultation with the Federations.

2. Federation also desires to re-iterate again that the issue relating to grant of Night Duty Allowance to Railway Employees w.e.f. 01-07-2016 and 01-01-2017 consequent to increase in the Dearness Allowance rates from 125% to 132% raised vide NFIR’s PNM Agenda Item No.35/2018 and discussed already has not yet been resolved, therefore the same needs to be addressed now.

NFIR, therefore, once again requests to Railway Board to kindly review and see that all the points relating to grant of Night Duty Allowance to Railway employees mentioned above and also in PNM Agenda No.15/2018 are addressed and the correspondence exchanged with the DoE be also made available to the Federation. An early action in the matter is solicited.

Also check: Implementation of Government decision on 7th CPC’s recommendations on Night Duty Allowance (NDA)

Yours faithfully,

(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

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Revision of the rates of Night Duty Allowance (NDA) - recommendations of 7th Central Pay Commission

Revision of the rates of Night Duty Allowance (NDA) - recommendations of 7th Central Pay Commission
No. I/5(E)

Dated: 07/12/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Revision of the rates of Night Duty Allowance (NDA) - recommendations of 7th Central Pay Commission-reg.

Ref: (i) Railway Board's letter No. E(P&A)II-2017/HW-1 dated 08/03/2018 (RBE No. 36/2018).
(ii) NFIR's letter No. I/5(E) dated 30/07/2018.

Federation vide its letter dated 30th July, 2018 brought to the notice of Railway Board specific cases through illustrations where revised rates of Night Duty Allowance to be paid to various categories of staff have been lowered down on implementation of Board’s instructions dated 08/03/2018 (RBE No. 36/2018) and requested the Railway Ministry to review its decision and issue revised instructions duly allowing the rates of Night Duty Allowance to such staff at the rates mentioned in RBE No. 61/2016 w.e.f. 01/01/2016. A period for more than four months has passed, unfortunately revised instructions have not been issued so far causing financial loss to the staff performing night duty.

NFIR, therefore, once again urges upon the Railway Board to kindly consider the points brought out vide Federation's letter dated 30/07/2018 and issued revised instructions accordingly.

Yours faithfully,

(Dr. M. Raghavaiah),
General Secretary

Source: NFIR

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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

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Ex-Servicemen Status for Ex-NDA Cadets

Ex-Servicemen Status for Ex-NDA Cadets

26 cadets were declared medically unfit and withdrawn from training due to injuries during the last three years and the current year as per details given below:-

Spring Term 2014 - 05

Autumn Term 2014 - 01

Spring Term 2015 - 07

Autumn Term 2015 - 04

Spring Term 2016 - 01

Autumn Term 2016 - 06

Spring Term 2017 - 02

Autumn Term 2017 - NIL

NDA cadets who are medically boarded out are not being granted Ex-servicemen (ESM) status as the NDA cadets are not yet commissioned as officers and are therefore not counted as "Servicemen".

Government is implementing schemes for the welfare of NDA cadets . The following schemes are being implemented:

    Ex-Gratia Awards in cases of Disablement:- The cadet on being medically boarded out is entitled for following benefits:-
    Ex-gratia amount - Rs. 3,500/- p.m.
    Ex-gratia disability award - Rs. 6,300/- p.m. (100% disability).
    Constant Attendance Allowance - Rs. 3,000/- p.m. (100% disability as recommended in invaliding medical board).

AGIF Insurance Cover for NDA Cadets:-

    Disability:- Rs. 7.5 Lakhs for 100 percent disability proportionately reduced to Rs.1.5 lakhs for 20 % disability.
    Ex-gratia Grant:- Rs. 50,000/- per cadet being invalided out with less than 20% of disability in the first two years of training and Rs. 1 lakh for cadets if invalided out with less than 20% of disability during the last year of training.

Preference in Employment in the Government Jobs: Cadets who are invalidated out on medical grounds attributable to military training are accorded Priority-1 for the purpose of employment in Government service.

The cadet consequent to his injury is provided free medical treatment in Military Hospital, Command Hospital and Research & Referral Hospital, Delhi. The cadet is only invalidated out in the medical board if he does not recover from the injury and is found unfit for further military training with the aforesaid treatment. The data on expenditure incurred on such treatment is not maintained.

This information was given by Minister of State for Defence Dr. Subhash Bhamre in a written reply to Shri Parimal Nathwani in Rajya Sabha today.

PIB

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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

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Cabinet Decision on 7th CPC Allowances only after 11th March 2017

Cabinet Decision on 7th CPC Allowances only after 11th March 2017

"Retention of the rates of HRA and date of effect of allowances should be from 1st January 2016 and revision of rates of Transport allowances, OTA and NDA apart from retention of many of the allowances - COC Karnataka".

Allowances

Comrades,
The media is debating that the allowances committee headed by Shri Ashok Lavasa Finance Secretary has submitted its report to the Hon’ble Finance Minister Arun Jaitleyji on 22nd or not. Comrades as you aware that this committee period has expired on 22nd February 2017, the question is that even if it has submitted its report to the Hon’ble Finance Minister Arun Jaitleyji it is confidential document all media creation on the HRA rates are not be believed, the actual truth will be known only after the assembly elections results of five states which will be declared on March 11.

The past experience is that even if the committee decides positively the union cabinet had turn down the recommendations of the committee, hence speculation is not correct, only after the union cabinet approves the recommendations of the committee, the new orders is issued.

The main demands of the CG employees is retention of the rates of HRA and date of effect of allowances should be from 1st January 2016 and revision of rates of Transport allowances, OTA and NDA apart from retention of many of the allowances.

Comrades instead of speculation it would be better we focus on the 16th March 2017 strike, which would put pressure on the Central Government to yield to our charter of demands.

Comradely yours
(P.S.Prasad)
General Secretary

Source: http://karnatakacoc.blogspot.in/

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7th Pay Commission: Central Govt employee union calls nationwide strike on February 15, demand settlement of 21 points charter demand

7th Pay Commission: Central Govt employee union calls nationwide strike on February 15, demand settlement of 21 points charter demand

After a massive Parliament march conducted by the central government employees on December 15, the union has called again for a nationwide strike on February 15, 2017, demanding the Union Government to make an immediate settlement of their 21 points charter demands in 7th Pay Commission (7CPC). The strike has been called in a joint cooperation by several central government employees union against what they say “the betrayal and breach of assurance by Home Minister Rajnath Singh, Finance Minister Arun Jaitley and Railway Minister Suresh Prabhu”.

On 15th December a massive Parliament march was conducted in which around 15,000 central government employees from all over the states participated. In the Parliament march autonomous bodies employees and pensioners also extended their support by joining the rally. During the rally which the central government employees union view as a success also declared a one-day nationwide strike on February 15.

The strike has been announced by the National President of the Confederation KKN Kutty, Secretary General M Krishnan and several other leaders present at the rally.

According to reports, the rally condemned the authoritarian attitude of the NDA Government and also the breach of an assurance given by the trio Union Ministers to NJCA leaders who met them after the implementation of 7th Pay Commission.

What are 21 Points Charter Demands made by central government employees:

1) The central government employees union asked the government to settle the demands raised by NJCA regarding modifications of 7th Pay Commission recommendations as submitted in the memorandum to Cabinet Secretary on 10th December 2015. Honour the assurance given by the Union Ministers to NJCA on 30th June 2016 and 6th July 2016, especially increase in minimum wage and fitment factor. Grant revised HRA at the existing percentage itself ie: 30 per cent, 20 per cent and 10 per cent. Accept the proposal of the staff side regarding transport allowance. Settle all anomalies arising out of implementation of 7th CPC recommendations, in a time bound manner.

2) Implement option-I recommended by 7th Pay Commission and accepted by the Government regarding parity in pension of pre-2016 pensioners, without any further delay. Settle the pension related issues raised by NJCA against item 13 of its memorandum submitted to Cabinet Secretary on 10th December 2015.

3) Scrap PFRDA Act and New Pension System (NPS) and grant pension and Family Pension to all Central Government employees recruited after 1st January 2004, under CCS (Pension) Rules 1972.

4) Treat Gramin Dak Sewaks of postal department as civil servants, and extend all benefits like pay, pension, allowances etc. of departmental employees to GDS. Publish GDS Committee report immediately.

5) Regularise all casual, contract, part-time, contingent and Daily rated mazdoors and grant equal pay
and other benefits. Revise the wages as per 7th CPC minimum pay.

6) No downsizing, privatisation, outsourcing and contractorisation of government functions.

7) Withdraw the arbitrary decision of the Government to enhance the benchmark for performance appraisal for promotion and financial up-gradations under MACP from “GOOD” to VERY GOOD” and also decision to withhold annual increments in the case of those employees who are not able to meet the bench march either for MACP or for regular promotion within the first 20 years of service. Grant MACP pay fixation benefits on promotional hierarchy and not on pay-matrix hierarchy. Personnel promoted on the basis of examination should be treated as fresh entrants to the cadre for grant of MACP.

8) Withdraw the draconian FR 56 (J) and Rule 48 of CCs (Pension) Rules 1972 which is being misused as a short cut as purity measure to punish and victimize the employees.

9) Fill up all vacant posts including promotional posts in a time bound manner. Lift ban on creation of posts. Undertake cadre Review to access the requirement of employees and their cadre prospects. Modify recruitment rules of Group-‘C’ cadre and make recruitment on Regional basis.

10) Remove 5% ceiling on compassionate appointments and grant appointment in all deserving cases.

11) Grant five promotions in the service career to all Central Govt. employees.

12) Abolish and upgrade all Lower Division Clerks to Upper Division Clerks.

13) Ensure parity in pay for all stenographers, Assistants, Ministerial Staff in subordinate offices and in all organized Accounts cadres with Central Secretariat staff by upgrading their pay scales. Grant pay scale of Drivers in Loksabha Secretariat to Drivers working in all other Central Government Departments.

14) Reject the stipulation of 7th CPC to reduce the salary to 80 per cent for the second year of Child Care leave and retain the existing provision.

15) Introduce Productivity Linked bonus in all department and continue the existing bi-lateral agreement on PLB wherever it exists.

16) Ensure cashless medical treatment to all Central Government employees & Pensioners in all recognized Government and Private hospitals.

17) Revision of Overtime Allowance (OTA) and Night Duty Allowance (NDA) w.e.f 01.01.2016 based on 7th CPC pay scale.

18) Revision of wages of Central Government employees in every five years.

19) Revive JCM functioning at all levels. Grant recognition of the unions/Associations under CCS (RSA) Rules 1993 within a time frame to facilitate effective JCM functioning.

20) Implementation of the Revised Pay structure in respect of employees and pensioners of autonomous bodies consequent on implementation of CCS (Revised Pay) Rules 2016 in respect of Central Government employees and pensioners w.e.f. 01.01.2016.

21) Implementation of the “equal pay for equal work” judgement of the Supreme Court in all departments of the Central Government.

Source: India

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7th CPC recommends that Heads of NDC, NDA and DSSC institutions should be upgraded to Apex Scale

7th Pay Commission recommends that heads of three institutions viz., National Defence College (NDC), New Delhi, National Defence Academy (NDA), Khadakwasla, Pune and Defence Services Staff College (DSSC), Wellington should be upgraded to Apex Scale

7th CPC recommends that Heads of NDC, NDA and DSSC institutions should be upgraded to Apex Scale

7th Pay Commission has recommended CGWB Technical Operator (Drilling) be given GP 1900 and be combined with the post of Compressor

National Academies

The Commission has received a number of demands from both the civilian and defence employees that the heads of National Academies should be upgraded to Apex Scale.

The Commission finds merit in upgrading only the heads of tri-services institutions of the defence forces. Accordingly, it is recommended that the heads of the following three tri- services institutions should be upgraded to Apex Scale:

a.   National Defence College (NDC), New Delhi

b.  National Defence Academy (NDA), Khadakwasla, Pune

c.   Defence Services Staff College (DSSC), Wellington

Only those  officers should  be posted  as  heads  of these establishments  who have minimum two years of service left before superannuation. No extension in service should be granted based on these recommendations.

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

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

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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

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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

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NDA AND UP TWO SIDES OF SAME COIN – EDITORIAL POSTAL CRUSADER DECEMBER-2014

NDA AND UP TWO SIDES OF SAME COIN – EDITORIAL POSTAL CRUSADER DECEMBER-2014

New Central Govt. under the leadership of our Hon’ble Prime Minister Shri. Narendra Modi has completed six months in office. As far as the common people and working class of this country is concerned, no positive action has been taken by the Govt. to mitigate their woes and grievances. Instead much negative steps are taken during this six months period.

Government has withdrawn the guidelines which controls the pricing of essential medicines through National Pharmaceutical Pricing Authority. As a result, the prices of essential medicines for treatment of cancer, blood pressure, colestorol, diabetics, heart-deceases etc will shoot up in the market. Prices of medicines for treatment of cancer itself which now costs Rs.8500 may go upto Rs.1,08,000/-. Pharmaceutical corporate companies are the beneficiaries.

Government has made its intention clear that the number of gas cylinders (LPG) per year will be reduced from existing 12 to 9 and also to link it to Aadhar and subsidies through direct cash transfer to Bank accounts. Earlier UPA Govt. has reduced the gas cylinders from 12 to 9 but subsequently it has been withdrawn the order due to widespread protests.

Govt. has deregularised the pricing of diesel. Earlier UPA Govt. has deregulated petrol prices and now the NDA Govt. has deregularised diesel price. Petroleum companies will now be free to decide the prices of petrol and diesel. Even-now the prices of petrol and diesel in India are 40% higher than the prices in the international market.

Govt. has decided to allow 100% Foreign Direct Investment (FDI) in Defence Production. Earlier this move of the UPA Govt. was opposed by NDA saying that it is against the national interest and security of the country. Defence production will now be completely privatised.

Govt. has decided to allow 100% FDI in Railways and also public-private-partnership (PPP). During his speech delivered in Australia Prime Minister has called upon the Industrialists of that country to country to invest in Indian Railways. Doors for privatisation of Railways is opened.

Govt. has decided to allow 49% FDI in Insurance sector. The bill for amending the Insurance Act for this purpose is pending in the Parliament and Govt. spokes person has hoped that the bill will be passed in this winter session of Parliament.

Govt. has decided to disinvest the share of all public sector nationalised banks upto 48%. Road map for privatisation of banking sector is drawn.

Govt. has made it clear that 100% FDI will be allowed in Pension Funds. The future of those who are under the New Pension Scheme will be uncertain due to Pension Fund Privatisation.

Govt has decided to sell the shares of profit making public sector undertakings such as ONGC, BHEL, coal India Ltd. etc to the tune of 25%.

Govt. has made it clear that Indian Post Office Act 1898 will be amended to facilitate grant of licences to multi-national courier services. This will pave way for privatisation of postal sector.

While extending red-carpet welcome to the corporates and multinational companies, the Govt. has declared that all the labour laws which put hurdles before them will be amended. Govt. has already moved in Parliament Labour Law amendments to remove all the protections and justifys now enjoyed by the working class including justify to strike and justify to form unions.

Government has declared that all the loss-making public sector undertakings will be closed or privatised. Air India, BSNL etc. are all in the hit-list.

Government has made it clear that its slogan is “minimum government and maximum governance”. It has imposed a total ban on creation of new posts and for filling up of posts which are lying vacant for more than one year.

Regarding Central Government Employees, none of their legitimate demands are conceded by the Government. DA merger, Interim Relief, Inclusion of Gramin Dak Sevaks (GDS) under 7th CPC, Date of effect of 7th CPC as 1-1-2014, Removal of 5% condition for compassionate appointment – everything stands rejected.

Regarding Postal employees none of the 39 demands raised by Postal JCA (NFPE & FNPO) is settled. Three lakhs GDS are still not included in the 7th CPC and their future is uncertain, Revision of wages of Casual, Part-time, contingent employees with effect from 01-01-2006 is pending before the Government from 2008 onwards. Cadre Restructuring, issues of Postmaster Cadre, Accountants, System Administrators, MMS etc. all pending or rejected.

It is in the above background the Central Trade Unions, JCM National Council staff-side, Confederation of Central Govt. Employees & Workers and Postal JCA has decided to organise following agitational programmes.

1. As a part of nation-wide agitation by all Central Trade Unions including BMS, INTUC, HMS, AITUC, CITU etc. has decided to organise Parliament March on 5th December, 2014 to protest against the anti-people, anti-labour policies of the NDA Government. In the march they will declare future struggle programmes.

2. All the organisations in the JCM National Council (Staff side) including Railways, Defence and Confederation has decided to organise a National Convention on 11th December, 2014 to decide future course of action for realisation of the legitimate demands of the Central Government employees.

3. Postal JCA comprising NFPE, FNPO, AIPEU-GDS (NFPE) and NUGDS has decided to organise a massive Parliament March of 20000 Postal& RMS employees including Gramin Dak Sevaks and Casual, Part-Time, Contingent employees on 4th December, 2014 demanding settlement of 39 point charter of demands. PJCA has decided to go for indefinite strike.

NFPE calls upon the entirety of five lakhs Postal employees to participate in all the above programmes and make it a grand success. Let us pledge that we shall continue our struggle till success.

Source : http://confederationhq.blogspot.in/2014/12/editorial-postal-crusader-december-2014.html

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