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.

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

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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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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

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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

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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

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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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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

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