The Manipur High Court recently observed that the purpose and object of granting the benefit of HRA is to reward the persons who are posted in the NE region. The drawing of additional HRA by a Central Government employee is permissible if the employee keeps their family in the previous station on their own or rented house after vacating the Government quarters due to transfer to the North East region.

The bench comprising Justice M.V. Muralidaran clarified that the only rider would be that such family members of the employee must be residing with the employee at the last place of the transfer before being sent to the NE region.

The observation was made while hearing a catena of pleas in terms of which the petitioners working in CRPF at various levels and posted in the North East had challenged the stoppage of HRAs given to them.

The petitioners, on the completion of their tenure postings in New Delhi, had been transferred to Manipur. On reporting at the new station, the petitioners had requested the authority for sanction of HRA as was being given at the last place of posting which came to be returned stating that no such order had been received from the Government of India to grant HRA to the personnel posted in unit deployed in NE region and kept their family at last place of posting without linking his notional headquarter i.e. Group Centre. It was this order which was being challenged before the bench.

Implementation of the recommendations of 7th Central Pay Commission – Additional HRA for civilian employees of the Central Government serving in the States of North Eastern Region, Andaman & Nicobar Islands, Lakshadweep Islands and Ladakh

Counsel for one of the petitioners had argued that as per the Office Memorandum dated 22.1.2019, HRA is entitled to the CRPF personnel on their transfer to non-family location viz., North Eastern Region, Sikkim, Andaman & Nicobar Island, Lakshadweep island, J&K and left-wing extremist area and there cannot be a classification whether the headquarters are within the NE region or not.

Contesting the pleas Sr.PCCG submitted that HRA is a headquarter based allowance and that the petitioners are posted at the duty Bn. whose notional headquarters are situated outside the present place of posting and hence the petitioners are not entitled to HRA. Further, the HRA is given to an employee in case Government Provided Residential Accommodation is not available to him. Since the petitioners are given GPRA, they are not entitled to claim HRA in the present place of posting, he argued.

After considering the rival contentions the court observed that the drawing of two HRAs by a Central Government employee would be admissible even if the employee keeps their family in the previous station on their own or rented house after vacating the Government quarters due to transfer to NE region.

Relying on the various office memorandums issued on the subject by the Ministry of Home and Ministry of Defence the court explained that the rationale behind the grant of double HRA to employees, who are posted to the NE region or at Andaman and Nicobar Islands is that on their posting to those challenging stations, they are not expected to take their families along with them.

“That is the reason why posting to these places is called difficult posting, as it is not normally feasible to keep the families along while working at such stations. In order to ensure that such employees join these difficult stations, the benefit of HRA is extended to their families as well, who are allowed to remain at the last station of posting”, the court said.

Deliberating on the intent of double HRA the court said that the benefit of HRA is for the welfare of the families of the employees who on their transfer to difficult stations like North East keep their families at the previous place of posting in a rented or own accommodation after vacating the Government quarters which they were occupying and had to vacate after transfer.

“The purpose and object of granting the benefit of HRA is to reward the persons who are posted in the NE region. When the basis for granting HRA to the employees posted in NE region is provided, this Court fails to understand why the respondents are denying the benefit of HRA to the petitioners, who were posted in NE region”, the court added.

In view of the above discourse, the court set aside the orders issued by the respondent authorities prescribing stoppage of HRA to the petitioners and directed immediate release of the same in their favour.

Case Title: WP(C) No.243/2020 J.S Chauhan VS Union Of India

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No.24(18)/K.Coord/2013
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated the 24th April, 2014

OFFICE MEMORANDUM

Subject : Allowances and Special Facilities to Civilian Employees of the Central Government serving in the States of the North Eastern Region (including Sikkim) and in the union Territories of Andaman & Nicobar, lakshdweep group of Islands – Extension of the benefits related to Retention of Telephone Facility at the Last Station of Posting to Civilian Employees posted in Ladakh region of the State of Jarnrnu & Kashmir- Implementation of the recommendations of the Sixth Central Pay Commission-reg.

With a view to attracting and retaining competent officers for service in the North-Eastern Region (NER), Andman & Nicobar (A&N) Islands and Lakshadweep group of Islands, consolidated orders relating to Allowances and Special facilities to the Civilian Central Government employees posted in those areas were issued vide this Department’s OM No.11(2)/97-E.II(B) dated 22.07.98 as amended from time to time.

2. The Sixth Central Pay Commission had inter-alia recommended that all concessions allowed to Government Employees in NER be also extended to the Government Employees posted in Ladakh. On acceptance of the recommendations of the Sixth Central Pay Commission, the President is now pleased to decide that concession related to Retention of Telephone FAcility at the Last Station of Posting as per para (xi) of this Department’s OM No.11(2)/97-E-II(B) dated 22.07.98, as amended from time to time, shall extend to the Civilian Central Government Employees posted in Ladakh region of the State of Jammu & Kashmir also.

3. This Order will take effect from September 1st, 2008.

4. In respect of persons serving in the Indian Audit & Accounts Department, this Order issue in consultation with Comptroller and Auditor general of India.

5. Hindi version will follow.

sd/-
(Sudha Krishnan)
Joint Secretary to the Government of India

Source: www.finmin.nic.in
[http://finmin.nic.in/the_ministry/dept_expenditure/notification/telephone/allowance_telephone_NER_leh.pdf]

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Principal Controller of Accounts (Fys), Kolkata issued orders to treat MCMs are working in Ordnance Factories as Group ‘B’ for all purposes including LTC and CGEGIS…

Entitlement of LTC in Ordnance Factories

Office of the Principal Controller of Accounts (Fys)
10A, S.K.Bose Road, Kolkata – 700 001

No.Pay/Tech-I/LTC/2013/31

Dated : 19.11.2013

To
All CsFA (Fys)

Subject : Entitlement of LTC in Ordnance Factories

It has come to the notice that some local Accounts Offices are not allowing LTC to travel by air from their place of posting (or nearest airport) to a city in the NER to the MCMs who are Non-Gazetted Group ‘B’ officers working in Ordnance Factories.

In this connection Government of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training, Estt(A)Section, New Delhi OM No.31011/4/2007-Estt.(A) dated 14.05.2008 regarding clarification of entitlement of travel air to visit NER and order dated 09.04.2009 alongwith OFB, Kolkata Note : A/I(ID No.01/CR/A/I/Vol.III/658/LTC dated 08.11.2013) regarding classification of the posts of MCM with reference to Grade Pay are forwarded herewith for information and necessary action of all conerned. As OFB Note is specific on a particular post, i.e., MCM, it is directed to treat MCM posts as Group ‘B’ for all purposes including LTC and CGEGIS.

It is, therefore, requested to take necessary action accordingly. The same may please be circulated to all Brach Accounts Offices under your jurisdiction.

Jt. C. of A. (Fys) has approved.

sd/-
Asst. Controller of Accounts(Fys)

Source: www.bpms.org.in
[http://bpms.org.in/documents/ltc-clarification-buit.pdf]

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Backgrounder
The North Eastern Region (NER) comprises of eight States viz. Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura. The development concerns of these States are pursued through their respective Five Year and Annual Plans as well as those of the Union Ministries and Central Agencies. In addition, projects of inter-State nature in the Region are funded through by the North-Eastern Council (NEC), which has a separate additional budget for the purpose.

The North East has essentially depended on Central funding for development works. All the States in the NER are Special Category States whose Development Plans are centrally financed on the basis of 90% Grant and 10% Loan. Further, the Special Category States are allowed to use up to 20% of the Central Assistance for Non-plan expenditure.
The Union Cabinet approved the constitution of a Central Pool of Resources on 15.12.1997. This pool, called as Non Lapsable Central Pool of Resources (NLCPR), was created in 1998 for accrual of the unspent balances out of the 10% earmarked for North Eastern Region in the budget of various Ministries/Departments. Ministry of Development of North Eastern Region (DoNER) are provided budgetary allocation for the NLCPR Scheme for sanction of infrastructure development projects to the North Eastern States out of the NLCPR Pool.

The broad objective of the NLCPR Scheme is to ensure speedy development of infrastructure in the North Eastern Region by increasing the flow of budgetary financing for new infrastructure projects/schemes. Both economic and social infrastructure sectors, such as, Power, Roads & Bridges, Education, Health, Water Supply, and Sports, etc are considered for providing support under the Central Pool.

Funding under NLCPR is on 90:10 (Grant: State Share) basis. From 2005-06, only ‘Grant’ portion is being released to the State Governments. Funding under the Scheme can be made for State sector as well as Central sector projects/schemes. However, the funds are not meant to supplement the normal Plan programmes, either of the State Governments or Union Ministries/ Departments/ Agencies.

The Ministry issued District Infrastructure Index (DII) of NE States on 24.09.2009 which gives the status of infrastructure at district level in NE Region. It helps in targeting the projects in backward areas to reduce intra-regional disparity.

The guidelines of NLCPR Scheme are being amended from time to time to make it more effective. It has provision for earmarking 25% funds during retention of projects in backward/ Autonomous District Council (ADC) areas of the States for all round development of the region.

Projects sanctioned under this scheme are implemented by the State Governments. The timely completion of projects along with good quality of works is necessary for desired benefits to percolate to the intended beneficiaries. Therefore; emphasis has been laid on ‘Effective Monitoring’, which is the key to the successful utilization of resources. Ministry of DoNER has been focusing on close monitoring and evaluation of projects being implemented in the NE Region under the NLCPR Scheme. In order to ensure this, the Ministry has evolved a comprehensive system of Monitoring and Evaluation of the implementation of NLCPR projects.

All projects are continuously monitored through periodical progress reports received from the State Governments, depicting both the financial and physical progress of the projects and also through review meetings with State Government officers and inspections by officers of the Ministry. The procedure adopted for release of funds to the States for implementation of various projects under the Scheme stipulates conditions which ensure that the State Governments furnish Utilisation Certificates and other documents to the effect that the funds have been utilized for the purpose for which they were sanctioned.

The Planning and Development Department of each State, which is the nodal Department for NLCPR projects, has been entrusted with field inspections of the projects through senior officers of the State and submission of inspection notes. For each new project, the state/implementing agency is to identify a Nodal Officer, who is responsible for timely implementation of that project submission of progress reports. Besides, the State Chief Secretary has been entrusted with the responsibility of holding quarterly meetings for review of each of the projects and sending the proceedings to the Ministry.

The visits of senior officers of the Ministry of DoNER is an effective tool for monitoring as well as identifying problem areas and verifying physical as well as financial progress of the projects for prompt implementation of the projects.

To further strengthen the supervision, the monitoring through independent agencies have been introduced in line with JNNURM Scheme from this year. The State Governments have been asked to make presentation before NLCPR Committee explaining the Status of operationalisation of the projects completed, Action plan for completion of the ongoing projects and the utility of the projects proposed in the annual priority list submitted by them while retaining new projects for the respective states.

To encourage the States for timely completion of projects an incentive scheme has been introduced. Wherein, every year for a best performing State in terms of completion rate of projects, an incentive in terms of retention of additional projects worth to Rs.20.00 crore as per their choice over and above their normal allocation is being given.

Source: PIB

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