Payment of Night Duty Allowance (NDA) at Revised rates for Defence Civilians Employees - MOD Order

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 civilan 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.

Sd/-

(Gurudeep Singh)

Under Secretary to the Govt of India

Source:www.mod.nic.in

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Grant of Night Duty Allowance on the basis of Actual Salary – Implementation of Courts Judgements - BPMS

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

Sd/-

(M. P. SINGH)

General Secretary

Source:http://bpms.org.in/documents/contempt-tke2.pdf

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Night Duty Allowance in sixth pay commission – CAT Mumbai Order

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)

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