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

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

Night Duty Allowance (NDA) for Ordnance Employees – MoD Orders on 8.5.2015

Payment of Night Duty Allowance (NDA) at revised rates to the eligible employees working in the establishments under the Ministry of Defence in implementation of Hon. C.A.T. Jodhpur Order dated 5 Nov 2009.

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 : Payment of Night Duty Allowance (NDA) at revised rates to the eligible employees 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

Click to view the order

Source: BPMS

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

Sanction 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

Source: www.7thpaycommissionnews.in