Payment of Night Duty Allowance at revised rates to the eligible civilian employees under Ministry of Defence

Payment of Night Duty Allowance at revised rates to the eligible civilian employees under Ministry of Defence

G.I., Min. of Defence, O.M.No.17(4)/2012/D(Civ-II), dated 8.5.2015

Subject: Payment of Night Duty Allowance (NDA) at revised rates to the eligible civilian 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 the sub para (v) 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 reports 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 of India (SLP No. 8276/2012) against the above Oder dated 5 Nov. 2009 of Hon. C.A.T., Jodhpur Bench, were dismissed 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 M/o L&J, a conscious decision 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. The issues with the concurrence of Ministry of Defence (Fin.) vide their ID No. 89/AG/PB dated 8th May, 2015.

Source: INDWF