Showing posts with label House Rent Allowance (HRA). Show all posts
Showing posts with label House Rent Allowance (HRA). Show all posts

Friday, June 17, 2016

Grant of House Rent Allowance to Railway Employees posted to New Zones/New Divisions

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE. NO.63/2016

NO.E(P&A)II-98/HRA-6

New Delhi, dated 13.06.2016.

The General Manager/CAO’s
All Indian Railways & Production units.

Sub: Grant of House Rent Allowance to Railway Employees posted to new zones/new divisions – regarding.

Attention is invited to the instructions contained in Board’s letter of even number dated 9.3.2004 and 17.02.2016 on the above subject.

2. The matter has been considered by the Board subsequent to issue of letter No.E(G)2009 QR-1-2 dated 05.04.2016 and it has been decided that railway employees posted to ECR and NWR may be allowed house rent allowance upto 31.12.2016 on the same terms and conditions laid down in the letter of even number dated 09.03.2004 ibid and as emended/clarified from time to time.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Sd/-
(Salim Md.Ahmed)
Dy.Director/E(P&A)-II
Railway Board.

Source : http://www.indianrailways.gov.in/
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Wednesday, March 16, 2016

Grant of HRA at a higher rate (“B” Category) to the Central Government Servants Posted at Aizawl (Mizoram) – Court Case regarding

Grant of HRA at a higher rate (“B” Category) to the Central Government Servants Posted at Aizawl (Mizoram) – Court Case regarding

RD570050807IN

COURT-CASE
MOST URGENT

F.No.4-23/2000-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATION & IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DIVISION)/P.A.P.SECTION
DAK BHAWAN, SANSAD MARG, NEW DELHI – 110 001

DATED, THE 01ST MARCH, 2016.

TO

The Chief Post Master General
N.E.Postal Circle
Shillong – 793001

ORDER

Subject: Grant of HRA at a higher rate (‘B’ Category) to the Central Government Servants Posted at Aizawl (Mizoram) – Court Case regarding.

Central Government Employees Federation of Mizoram, General Head Quarters, Aizawl, Mizoram made a representation to the Hon’ble Prime Minister of India claiming House Rent Allowance at “B” Class City rates and Compensation in lieu of Rent Free Accommodation at the rate of 10% to the Central Government Employees Posted in Mizoram State based on the judgement passed by Supreme court of India in Civil Appeal No.2715/91-Union of India & Ors V/s Shri S.K.Ghosh & Others and Department of Posts Order No.8-40/87-PAP dated 7.3.1994 & No.4-52/98-PAP dated 27.02.1999. On rejection of their claim, the Central Government Employees posted in the State of Mizoram approached the Central Administrative Tribunal, Guwahati under O.A.No.381/2000. The Hon’ble CAT, in Para -5 of its order dated 12.04.2002 pronounced as under:-

“In view of the position enumerated above,I am of the-view that the applicants are entitled to House Rent Allowance at the rate prescribed for B class cities to the Central Government Employees which should be payable to the applicants at the rate of 15% from 1.1.1986 to 30.9.1986 and from 1.10.86 to 30.9.1986 and from 1.10.86 to 30.9.86 and from 1.10.1986 at flat rate prescribed under O.M.dated 7.8.1987 read with another O.M.dated 13.11.1987 and the Notification GSR No.623 (E) amending the Fundamental Rule 45 A with effect from 1.7.1987.

As regards the claim for compensation in lieu of Rent Free Accommodation the respondents are to act in conformity with the Office Memorandum No.12-11/60-ACC-I dated 2.8.1960,O.M.dated 23.2.1986 and 22.5.1987 and also to O.M.dated 13.11.1987. The respondents shall examine the each case on merits and thereafter shall pass necessary order in individual cases. Rent free unfurnished accommodation is admissible to Central Government Employees having all India transfer liability only those who are posted in Mizoram or HRA at the rate prescribed from time to time. Compensation and admissible HRA shall be granted to those persons who are entitled to rent free accommodation and could not be provided accommodation and the above benefit shall be granted only to the Central Government employees having all India Transfer liability and Posted in Mizoram vide letter No.11015/1/E/(B)/76 dated 31.7.1977. The respondents shall examine the individual cases and thereafter pass necessary orders in those Cases, others will not be eligible for the same.The application is allowed in part, No Costs”.

2. The Department filed WP No.2955/2003 in the Hon’ble High Court of Guwahati against the orders of the CAT dated 12.04.2002. The Hon’ble High court in its judgment dated 25.4.2003, “disposed of the appeal with the observations that the directions given by the Learned Tribunal in the last part of the judgment quoted above shall be complied with by the Central Government after taking due consideration of the observations recorded within a period of 6 Months. The High court observed that the case of each and every Central Government employee posted in the state of Mizoram will have to be taken separately and appropriate orders shall be passed thereon after such consideration in terms of OM dated 23.09.86, 19.03.87 and 13.11.87. The Hon’ble High court, however, observed that the employees posted in Aizawl Headquarters of the State of Mizoram being a “C”Class city may not be entitled to HRA as prescribed for “B” class cities.”

3. Aggrieved by the order of the Hon’ble High Court of Guwahati, the Central Government Employees filed a civil appeal No.646/2005 in the Supreme Court of India. The Supreme court stayed the operation of the judgment order dated 25.04.2003 of the high court of Guwahati in WP No.2955/2003. The Honble supreme Court of India has dismissed the civil appeal and passed the orders dated 17.07.2013 as under:-

“We have thoughtfully considered the submissions of the learned counsel. In our view, the direction given by the Tribunal, which has been confirmed by the High Court, merely ordains consideration of the cases of each employee for grant of City compensatory Allowance in accordance with O.M. dated 02.08.1960, O.M. dated 23.02.1986 and 2.5.1987 as also O.M.dated 13.11.1987 and nothing more. Therefore, the impugned order as also the one passed by the Tribunal do not call for interference by this court under Article 136 of the Constitution.

With the above observation, the appeal is dismissed.

However, it is made clear that if the Government of India has issued fresh instructions after 13.11.1987 then the cases of the respondents shall be considered in accordance with the latest instructions.”

4. Consequent upon obtaining the concurrence of Integrated Finance Wing of this Department, the, matter was referred to Ministry of Finance, Department of Expenditure for decision.

5. Ministry of Finance, Department of Expenditure has considered the matter and accorded their approval in view of the decision taken by the Department of Posts to not to file any Review petition in the matter and as the Ministry of Law & Justice has advised Department of Posts to take administrative decision for implementation of the said order of Hon’ble Tribunal, implementation of the Order dated 12.04.2002 passed by the Hon’ble CAT, Guwahati Bench in O.A.No.381/2000 for grant of House Rent Allowance at “B/Y” class cities rates, as admissible from time to time, is agreed to.

6. Since, the Department of Posts had represented the Union of India on behalf of all the respondents Ministries/Departments/Offices, the approval accorded by the Department of Expenditure, Ministry of Finance is therefore conveyed to all the Respondent Ministries/Departments/Offices for issuing appropriate instructions for compliance of orders dated 12.04.2002 of Hon’ble CAT, Guwahati Bench in respect of the employees working under their administrative control who were/are applicants in the said OA No.381/2000.

7. This has the approval of the Competent Authority.

Sd/-
(K.V.Vijayakumar)
Assistant Director General (Estt.)

Source: http://aipeup3bbsr.blogspot.in/
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Sunday, February 21, 2016

Grant of House Rent Allowance to Railway employees posted to new Zones/new Divisions

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
RBE No: 20/2016
No.E(P&A)II-98/HRA-6

New Delhi, dated 17.02.2016

The General Manager/CAO’s
All Indian Railways & Production units.

Sub.: Grant of House Rent Allowance to Railway employees posted to new Zones/new Divisions – Regarding.

Attention is invited to the instructions contained in Board’s letters of even number dated 9.3.2004, 9.8.2005, 9.8.2006, 12.12.2007, 24.10.2008, 10.12.2009 , 01.07.2013 and 24.07.2014 on the above subject.

2. The matter has been considered by the Board subsequent to issue of letter No. E(G)2009 QR 1-2 dated 20.10.2014 and it has been decided that railway employees posted to ECR and NWR may be allowed house rent allowance upto 31.12.2015 on the same terms and conditions laid down in the letter of even number dated 09.03.2004 ibid and as amended/clarified from time to time.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Sd/-
(Salim Md. Ahmed)
Dy.Director/E(P&A)-II
Railway Board

Source: NFIR
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Friday, December 18, 2015

Analysis and Recommendations of 7th Pay Commission on House Rent Allowance

Analysis and Recommendations of 7th Pay Commission on House Rent Allowance

Allowances related to Housing : House Rent Allowance (HRA) : Presently, HRA is payable at the following rates:
There are a large number of demands for paying HRA as a percentage of (Basic Pay + DA), instead of as a percentage of Basic Pay alone, as at present. Representations have also been received regarding enhancement of percentage rates and having only two classifications of Metros and Non-metros (instead of the present classification of X, Y and Z cities).

PBORs of uniformed forces have vehemently argued for doing away with the concept of Authorized Married Establishment and the requirement of a minimum age of 25 years for grant of Compensation in Lieu of Quarters (CILQ).

Analysis and Recommendations: Compensation towards the housing needs of Central Government employees is covered in three ways:

1. As a component of Basic Pay when it is initially fixed (based upon the Aykroyd formula)

2. As a constituent of Dearness Allowance [the AICPI(IW), on which the DA is currently based includes a weight of 15.27% towards housing], and
3. In the form of House Rent Allowance

In view of the fact that the DA calculation methodology that is being followed does include a certain weightage for housing, the demand to pay HRA as a percentage of Basic Pay + DA is not justified.

To arrive at the appropriate rates of HRA, the Commission used a two-fold approach: (i) It compared the rise in housing compensation with the cost of housing in major X, Y and Z category cities over the period 2006 to 2013, and (ii) It compared, de novo, the HRA after the rise in Basic Pay proposed with representative house rents in major X, Y and Z category cities.

For (i) above, the table of comparison (for a hypothetical employee whose Basic Pay was ?1000 in 2006) is given below:
As is clear from the above table, compensation for housing in 2013 was 1.79 times that in 2006 for Class X cities, 2.07 times for Class Y cities and 2.92 times for Class Z cities.

During the same period, the weighted (by population of cities) average rise 31 in housing index for Class X cities was 1.69 times, for thirty most populated Class Y cities it was 2.10 times, and for twenty-five most populated Class Z cities it was also 2.10 times.

Thus, it can be safely concluded that the rise in housing compensation has largely kept pace with the rise in rental values in all categories of cities.

However, if a zero-based comparison of HRA with house rents is carried out the Commission observed that today there are websites that give a good idea of the prevalent house rents in various cities. From the information available on the websites, it was observed that with the increase in Basic Pay proposed (and consequent rise in HRA with the rationalized percentages), most of the employees will be able to afford a rented house as per their
entitlement.
Considering all these factors, and in line with our general policy of rationalizing the percentage based allowances by a factor of 0.8, the Commission recommends that HRA should be rationalized to 24 percent, 16 percent and 8 percent of the Basic Pay for Class X, Y and Z cities respectively.

However, the Commission also recognizes that with the current formulation, once the new pay levels are implemented, the compensation towards HRA will remain unchanged until such time as the pay and allowances are next revised. Going by the historical trend this event is likely to be a decade away. Some representations have been received stating that towards the later part of the ten year period the HRA compensation falls considerably short of the requirement. Having regard to this, the Commission also recommends that the rate of HRA will be revised to 27 percent, 18 percent and 9 percent when DA crosses 50 percent, and further revised to 30 percent, 20 percent and 10 percent when DA crosses 100 percent.

Currently, in the case of those drawing either NPA or MSP or both, HRA is being paid as a percentage of Basic Pay+NPA or Basic Pay+MSP or Basic Pay+NPA+MSP respectively. HRA is a compensation for expenses in connection with the rent of the residential accommodation to be hired/leased by the employee and is graded based on the level of the employee, and therefore should be calculated as a percentage of Basic Pay only. Add-ons like NPA, MSP, etc. should not be included while working out HRA.

The Commission also took note of the link between increase in HRA and increase in house rent. There was a sharp rise in the index from the first half of 2009, immediately following VI CPC recommendations. The All India House Rent Index32 chart given below demonstrates this:
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Sunday, September 13, 2015

Re-classification/Upgradation of Cities/Towns on the basis of Census – 2011 for the purpose of grant of House Rent Allowance (HRA) for CPSE employees

No. 2(46)/2012-DPE (WC)-GL-XIII /2015
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises

Public Enterprises Bhawan,
Block No.14, CGO Complex, Lodhi Road,
New Delhi.
Dated, the 07th Sept 2015

OFFICE MEMORANDUM

Subject : Re-classification/Upgradation of Cities/Towns on the basis of Census – 2011 for the purpose of grant of House Rent Allowance (HRA) for CPSE employees

The undersigned is directed to refer to para ‘7’ of DPE OM dated 26.11.2008, para ‘2’(iii) of OM dated 02.04.2009 and DPE OM dated 07/01/2013 on the subject cited above.

2. Department of Expenditure, vide OM No. 2/5/2014-E.II(B) dated 21/07/2015, has re- classified the cities/towns on the basis of Census-2011 as “X”, “Y” and “Z” for the purpose of HRA as enumerated in the Annexure to this OM.

3. It has been decided that the re-classification of cities/towns on the basis of census 2011 for the purpose of grant of HRA as contained in the Department of Expenditure OM dated 21/07/2015 would also be implemented in the Central Public Sector Enterprises with effect from 1st April 2015.

4. These guidelines would be applicable to the employees of CPSEs who are on 2007 IDA pay scale and also to the employees on 6th CPC recommendation based CDA pay scales.

5. All the administrative Ministries/Departments of the Government of India are requested to bring the foregoing to the notice of the public sector enterprises under their administrative control for their information and necessary action.

6. This issues with the approval of Minister (HI & PE).

Sd/-
(S. Meenakshisundaram)
Director

Source:http://dpe.nic.in/sites/upload_files/dpe/files/re_calassification_upgradation.pdf
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Thursday, July 23, 2015

Re-Classification/Upgradation of Cities/Towns on the basis of Census-2011 for the purpose of grant of House Rent Allowance (HRA) to Central Government employees.

No.2/5/2014-E,II(B)
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, 21st July, 2015.

OFFICE MEMORANDUM

Subject:- Re-Classification/Upgradation of Cities/Towns on the basis of Census-2011 for the purpose of grant of House Rent Allowance (HRA) to Central Government employees.

Reference is invited to this Department’s O.M. No. 2(13)/2008-E.11(B) dated 29.08.2008 relating to grant of House Rent Allowance (HRA) to Central Government employees on the recommendations of the 6th Central Pay Commission (CPC) whereby a list of cities/towns classified as “X”, “Y” and “Z” for the purpose of grant of HRA was enclosed as Annexure. The matter relating to re-classification of cities/towns on the basis of Census-2011 for the purpose of grant of HRA to Central Government employees has been considered by the Government.

2, The President is pleased to decide that in supersession of all the existing orders relating to classification of cities/towns for the purpose of grant of HRA to Central Government employees, cities/towns shall now be re-classified as “X”, “Y” and “Z” for the purpose of HRA as enumerated in the Annexure to these orders.

3. Consequent upon implementation of the recommendations of the 5th Central Pay Commission, certain cities/towns were placed in a lower classification as compared to their existing classification for HRA purpose, vide this Department’s G.M. No. 2(30)/97- E.II(B) dated 03.10.97. However, these cities/towns were allowed to retain their existing higher classification, vide Para 3 thereof; and further extended vide O.M. No. 2(21)/E.II(B)/2004 dated 16.03.2005 & O.M. No. 2(13)/2008-E.II(B) dated 07.01.2009. As other cities/towns to which protection of retaining earlier higher classification was allowed, got upgraded during the intervening period and as on date only two cities i.e. Ajmer in Rajasthan and Durgapur in West Bengal were retaining such protection. Consequent upon upgradation of these two cities also on the basis of their population as per Census-2011, provisions contained in Para 3 of this Department’s O.M. No. 2(30)/97-E.II(B) dated 03.10.97 which Were allowed to further continue vide G.M. dated 16.03.2005 & 07.01.2009, stand withdrawn/discontinued.

4. Special orders allowing continuance of HRA at Delhi (‘X” class city) rates to Central Government employees posted at Faridabad, Ghaziabad, NOIDA and Gurgaon, at Jalandhar CY” class city) rates to Jalandhar. Cantt., at “Y” class city rates to Shillong, Goa & Port Blair vide this Department’s O.M. No.2(13)12008-E.11(B) dated 29.08.2008, and continuance of HRA at par with Chandigarh (“Y” class city) to Panchkula vide this Department’s O.M. No,2(13)/2008-E.II(B) dated 04.03.2011, shall continue to be applicable till the recommendations of 7th CPC are considered by the Government.

5. These orders shall take effect from 1st April, 2015.

6. 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.

7. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the comptroller & Auditor General of India.

8. Hindi version is attached.

Sd/-
(Subhash Chand)
Director

Source:http://finmin.nic.in/the_ministry/dept_expenditure/notification/hra_citiesclassification/21-07-2015.pdf
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Saturday, October 25, 2014

50% hike in the Fellowship amount to Young Research Scientists

50% hike in the Fellowship amount to Young Research Scientists

The Union Minister of State (Independent Charge) for Science & Technology and Earth Sciences, MoS PMO, Personnel, Public Grievances and Pensions, Space and Atomic Energy, Dr. Jitendra Singh announced over 50% hike in the fellowship amount received by various categories of young Research scientists, here today. This land mark decision, responding to a long standing demand by around one lakh science Research Scholars and Associates working across the country, is taken by the Department of Science & Technology under his Ministry, the Minister added.
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Tuesday, October 21, 2014

Grant of House Rent Allowance to Central Government Employees on Transfer from one station to another station – MoD orders

Grant of House Rent Allowance to Central Government Employees on Transfer from one station to another station – MoD orders

Tele : 23012408
No. A/81397/DGQA/ADM/RMD (CW)

9th Oct 2014

MINISTRY OF DEFENCE 
DGQA/ADM/RMD (CW)

GRANT OF HRA TO CENTRAL GOVERNMENT EMPLOYEES ON TRANSFER FROM ONE STATION TO ANOTHER – INSTRUCTIONS REGARDING
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Saturday, May 03, 2014

Grant of HRA at enhanced rates to the Central Government employees as per 2011 census.

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi -110001
Website: www.confederationhq.blogspot.com
Email: confederationhq@gmaiI.com

Ref: Confd/GENL/2014
Dated - 28/04/2014
To
The Secretary
Ministry of Finance
Department of Expenditure
North Block, New Delhi

Sir,
Sub: Grant of HRA at enhanced rates to the Central Government employees as per 2011 census.

It is reported that Registrar General & Census Commissioner of India has sent the final CD to Ministry of Finance containing the Final report of Urban Agglomeration (UAs) PCA of 2011, long back, But no decision is taken by the Finance Ministry till date for reclassification of cities/towns on the basis of 2011 census for the purpose of grant of HRA/Travelling Allowance.

It is requested to kindly take necessary action for getting the benefit of enhanced rate of HRA/Travelling Allowance to the Central Government Employees on the basis of the latest report of Census 2011.

A line in reply from your end will be highly appreciated.

Yours faithfully,

Sd/-
(M.Krishnan)
Secretary General

Source:http://confederationhq.blogspot.in/

25% Increase in Allowances - Dopt Orders 2014


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Monday, March 10, 2014

Payment of Transport Allowance to Central Government Employees. Fin.Min.Order 2014

No. 21/8/2010-E.II (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 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-initlo 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 at rates applicable to “Other Places” specified in Ministry of Finance O.M. No. 21(2)/2008-EII (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-1/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 ‘A1/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 orders 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)/97-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 employees posted in offices located at Faridabad, Ghaziabad, Gurgaon and Noida is, therefore, sub-iudice.

(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)/2008-E.II (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.M. No. 21(2)12008-E.II (B) dated 29.8.2008.

Sd/-
(Subhash Chand)
Deputy Secretary to the Government of India

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