(RBE No. 34/2019)
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

S.No. PC-VII/ 129

RBE No. 34 /2019

No. PC-V/2017/A/TA/1

New Delhi, dated 22-02-2019

The GMs/OSDs/CAO(R)s,
All Indian Railways and PUs.

Sub: Grant of Transport Allowance to Railway Employees availing concessional Season Ticket/Suburban passes.

Ref: Railway Board’s letter No. PC-V/97/l/7/12 (Pt.4) dated 27-9-1999 (RBE No. 242/99)

References have been received from a few Railways seeking clarification regarding grant of Transport Allowance to Railway employees availing Concessional Season Ticket/Suburban passes.

In this regard it ts stated that there is no change in the instructions contained in Board’s letters dated 12-9-2008 (RBE No.111/2008), 23-01-2009 (RBE No. 16/2009) and 03-8-2017 (RBE No. 84/2017). These orders do not prohibit payment of Transport Allowance to Railway employees availing Concessional Season Tickets/Suburban passes.

This issues with the concurrence of the Finance Directorate.

Hindi version is enclosed.

(Subhankar Dutta)
Deputy Director, Pay Commission-V
Railway Board

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All India Railwaymen’s Federation
4, State Entry Road, New Delhi – 110055

No.AIRF/97(li)

Dated: August 10, 2015

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Grant of Transport Allowance to Railway employees on the basis of revised classification of cities/towns/localities

Ref.: MoF, Deptt. of Exp.’s letter No.21(2)/2015-E.II(B) dated 06.08.2015

Ministry of Finance, Department of Expenditure(Government of India) vide above cited letter(photocopy enclosed for ready reference) has communicated revised classification of cities, towns and localities for the purpose of grant of Transport Allowance at higher rates to the Central Government Employees.

The Board are, therefore, requested to implement the orders of the Ministry of Finance in the Railways also, so that Railway employees can also avail this benefit from April 2015.

An early action in the matter shall be highly appreciated.

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

Source: AIRF

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Finance Ministry issued orders regarding the revised rates of Transport Allowance to Central Government employees as per Census 2011 with effect from 1.4.2015. The re-classification of cities/towns are specified in the list attached as Annexure.

G.I., Min. of Finance, Dep. of Exp. O.M.No.21(2)/2015-E.II(B), dated 6.8.2015

Subject:- Grant of Transport Allowance to Central Government employees

Reference is invited to Ministry of Finance, Department of Expenditure O.M. No.21(2)/2008-E.II(B) dated 29th August 2008 regarding grant of Transport Allowance to Central Government employees, consequent upon implementation of the recommendations of the Sixth Central Pay Commission (6th CPC).

2. The Government has since considered the re-classification of cities/towns/localities as per Census-2011 (population criteria) for the purpose of Transport Allowance. Accordingly, the President is pleased to decide the revised classification of cities, towns and localities, for the purpose of grant of Transport Allowance at higher rates to Central Government employees, as per Annexure-1.

Therefore, the table below Para ‘1’ of O.M. dated 29.08.2008 stands partially modified as under :-

The revised classification of cities/towns/localities for the purpose of grant of Transport Allowance shall take effect from 1st April, 2015.

4. The orders will apply to all civilian employees of the Central Government. The orders will also be applicable to the civilian employees paid from the Defence Services Estimates. In respect of Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and the Ministry of Railways, respectively.

5. All other conditions mentioned in Department of Expenditure O.M. No.21(2)/2008-E.II(B) dated 29.08.2008 shall remained unchanged.

6. In so far as the persons working in the Indian Audit and Accounts Department are concerned, this Order issues in consultation with the Comptroller and Auditor General of India.

Authority: www.finmin.nic.in

Click the order

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Payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad Gurgaon, and Noida —Order of Hon’ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 OAs (clubbed together) – Matter regarding.

No. 211812010-EII (B)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated: 7th March, 2014.

OFFICE MEMORANDUM

Subject:- Payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad Gurgaon, and Noida —Order of Hon’ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 OAs (clubbed together) – Matter regarding.

The undersigned is directed to refer to Order dated 4th October, 2013 of Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 similar OAs (clubbed together) wherein Hon’ble CAT has directed the Ministry of Finance to re-examine the whole issue of payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida holistically taking into consideration its history starting from the issue of O.M. No.21(1)/97-E-II(B) dated 3.10.1997, the various directions given by the Tribunal from time to time, the arguments advanced by the Applicants in all the OAs for grant of special dispensation to satellite towns with further direction that the decision taken is to be communicated to Ministries/Departments by means of a reasoned order.

2. Accordingly, as directed by Hon’ble CAT, the entire matter has been re-examined ab-initioo in this Ministry. It is stated that Central Government Employees posted in offices located at Faridabad, Gurgaon, Ghaziabad and Noida are eligible for Transport Allowance rates applicable to “Other Places” specified in Ministry of Finance O.M. No. 21(2)I2008-E-II (B) dated 29.08.2008 and NOT at ‘A-1/A’ class cities rates for the following reasons/grounds:-

(a) The ‘special dispensation’ to certain localities, including Faridabad, Ghaziabad, Gurgaon, and Noida, in the matter of grant of House Rent Allowance (HRA) and City Compensatory Allowance (CCA) were allowed, as special cases. by means of separate
orders issued during 1974 to 1990. The ‘special dispensation’ allowed grant of HRA & CCA at Delhi rates to employees posted in offices located in Faridabad, Ghaziabad, Gurgaon, and Noida. However, the ‘special dispensation’ was neither based on classification of Faridabad., Ghaziabad, Gurgaon. or Noida as ‘A-I/A’ Class cities nor inclusion of any of these areas into Delhi (UA) for the purpose of HRA and CCA.

(b) The special dispensation in the matter of grant of HRA & CCA at rates applicable to ‘A-1/A’ Class cities to certain localities including Faridabad, Ghaziabad, Gurgaon, and Noida has been continued till date in respect of HRA and till 31.08.2008 in the respect of CCA, by making explicit provisions in the order issued by the Ministry of Finance since 1993.

(c) The concept of Transport Allowance was introduced by the Fifth Central Pay Commission (5th CPC) to defray the cost of commuting between residence and office. The 5th CPC recommended grant of Transport Allowance @ Rs.800, Rs.400 and Rs.100 p.m. for ‘A1/A class cities and Rs.400. Rs.200 and Rs.75 p.m. for remaining cities/towns to be classified as ‘Other Places’. The 5th CPC had not specified / recommended as to what should be the basis for classification of cities/towns as ‘A-1/A’ class cities or Other Places for the purpose of Transport Allowance. On accepting the recommendation of 5th CPC, order for grant of Transport Allowance was issued vide Ministry of Finance O.M. No, 21(1)197-E-II(B)dated 3.10.1997. Though it was decided that the cities classified as ‘A-1’ and ‘A’ for the purpose of CCA shall be the same for grant of Transport Allowance also, however, it was not decided to extend the ‘special dispensation’ granted to CCA, in respect of certain localities including Faridabad, Ghaziabad, Gurgaon, and Noida, for Transport Allowance.

(d) Clarification in this regard was issued at point No.9 of Ministry of Finance O.M. No.21(1)/97-E-II(B) dated 22.02.2002 that the ‘special dispensation’ to some cities was extended in the case of HRA/CCA only, and that it was not applicable for Transport
Allowance.

(e) The issue of grant of Transport Allowance at higher rates to employees posted in offices located in Faridabad, Ghaziabad, Gurgaon and Noida were raised in various OAs filed in CAT, in particular OA No. 1270/2005 which was disposed by Order dated 18.11.2005. OA No. 483/2005 along with OA No. 1292/2005 disposed by Order dated 16.09.2005 and OA No.2263/2005 disposed by Order dated 03.01.2006. The Order of CAT dated 16.09.2005 in OA No.483/2005 was challenged in the Delhi High Court and the matter was admitted as WP (C)No. 2600/2006 of ESIC & Others v/s Joint Action Council Speciality and Doctors wherein the Union of India is being represented through Secretary, Ministry of Labour and Employment. The Hon’ble High Court of Delhi is yet to decide the matter. Hence, the order of CAT allowing grant of Transport Allowance at ‘A-1/A’ class cities to empIoyees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida is, therefore, sub-judice.

(f) The 6th CPC while recommending CCA to be subsumed in Transport Allowance, did not recommend any special dispensation to be given to any locality in the matter of grant of Transport Allowance. Orders on implementation of the recommendations of the 6th CPC were issued vide Ministry of Finance O.M. No. 21(2)12008-EII (B) dated 29.08.2008 (effective from 01.09.2008) wherein higher rates of Transport Allowance were allowed to ‘A-1/A’ class cities and lower rates to ‘Other Places”. The names of those 13 cities, to which higher rates of Transport Allowance is admissible, have been explicitly mentioned therein, which do not include Faridabad, Ghaziabad, Gurgaon or Noida. All cities/towns/places other than those 13
specified cities, comes under the classification of ‘Other places’ for the purpose of admissibility of Transport Allowance. Moreover, Delhi (UA) classified as ‘A-1’ class city for CCA purpose does not include the areas of Faridabad, Ghaziabad, Gurgaon and Noida.

3. Therefore, Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida should be regulated as per the rates applicable to ‘Other Places’ in terms of Ministry of Finance O.0M. No. 21(2)12008-E.II (B) dated 29.8.2008.

sd/-
(Subhash Chand)

Deputy Secretary to the Government of India

Source: www.finmin.nic.in
[http://finmin.nic.in/the_ministry/dept_expenditure/notification/ta_ota/TA_OM_FNG07032014.pdf]

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