Wrong Analysis and Recommendations about NDA under 7th CPC Report

Wrong Analysis and recommendations about NDA under 7th CPC report

Board’s attention is invited towards this federation’s letter of even number dated 2nd April, 2018 (copy enclosed), vide which it was pointed out that, on implementation of new formula, recommended by the VII CPC, rates of Night Duty Allowance get reduced rather than any improvement therein……

No.AIRF/405(VII CPC)

Dated: September 17, 2018

The Secretary(E), 

Railway Board, 

New Delhi

Dear Sir,

Sub: Wrong Analysis and recommendations about NDA under 7th CPC report

Ref.: (i) Report of 7th CPC(Para 8.17.71 to 77) reg. Night Duty Allowance 

(ii) RBE No.61/2016(Last NDA Rate of 6th CPC when DA at 125%) 

(iii) RBE No.36/2018 No.E(P&A)II-2017/HW-1 dated 08.03.2018

Board’s attention is invited towards this federation’s letter of even number dated 2nd April, 2018 (copy enclosed), vide which it was pointed out that, on implementation of new formula, recommended by the VII CPC, rates of Night Duty Allowance get reduced rather than any improvement therein.

A calculation table was also appended in our letter referred to above, explaining the actual reduction in Night Duty Allowance on implementation of current formula, recommended by the VII CPC, which we are again quoting hereunder for ready reference:-

Rates of Night Duty Allowance, as per 6th CPC formula (mean value of Pay Band + GP) + DA)/215, changed by the 7th CPC, i.e. (Basic Pay + DA)/200, will decline by 20% to 40% from the existing, i.e.

Pay Scales	As on 01.01.2016 when DA 125% (as per 6th CPC)	As on 01.07.2017 when DA 139% (as per 6thCPC, rate not declared by the Board)	As on 01.07.2017 when DA 5% (as per 7th CPC)
5200-20200-1800	151.75	161.20	94.50
5200-20200-1900	152.80	162.30	104.48
5200-20200-2000	153.85	163.40	113.93
5200-20200-2400	158.00	167.85	133.88
5200-20200-2800	162.20	172.30	153.30
9300-34800-4200	274.70	291.80	185.85
9300-34800-4600 and above	278.90	296.25	235.73

Also rates of the NDA were not declared by the Railway Board on 01.07.2016 and 01.01.2017 as per 6th CPC.

It is, therefore, reiterated that, the issue may be looked into afresh in the light of the foregoing, and improvement in the formula, recommended by the VII CPC, may be done, so that, rates of Night Duty Allowance get improved rather than any reduction therein.

This may kindly be treated as “Most Urgent” as there is serious discontentment brewing among the staff, particularly Running and Traffic Staff and other Safety Categories Staff who have to invariably perform night duty.

Yours faithfully,

 sd/- 

(Shiva Gopal Mishra)

General Secretary

Source: AIRF

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Grant of Night Duty Allowance on the basis of Actual Salary – BPMS writes to OFB

BHARATIYA PRATIRAKSHA MAZDOOR SANGH

(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)

(AN INDUSTRIAL UNIT OF B.M.S.)

(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

REF: BPMS / OFB / NDA / 200 (8/2/L)

Dated: 14/09/2015

To,

The DDG (IR),

Ordnance Factory Board,

10 A, S.K.Bose Road,

Kolkata – 700001

Subject: Grant of Night Duty Allowance on the basis of Actual Salary

Reference: PC of A (Fys) Kolkata letter No. Pay/Tech-II/1206/2015/13, dated 09.09.2015

Respected Sir,

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 resolved vide MOD ID No. 17(4)/2012/D(Civ-II), Dated 08.05.2015 in compliance of Contempt Petition (CP No. 200/2014 Shri Arvind Girija Singh & Ors versus UOI & Ors.) based on the CAT Jodhpur directions in CA No 34/2008 dated 5.11.2009 and subsequent ratifications by Hon’ble High Court and Supreme Court of India.

We are surprised to see the PC of A (Fys) letter cited under reference whereby ceiling for entitlement of Night Duty Allowance has been revised to Rs. 12380/- pay in Pay Band. We have strong objection on the issuance of this letter because PC of A (Fys) is not the competent authority to revise the ceiling of entitlement for NDA unilaterally as the original order has been issued by Ministry of Defence in consultation with Min of Finance, DoP&T, Def (Finance) and if there was any doubt regarding eligibility, PC of A (Fys) should have asked for clarification from the competent authorities through prescribed channels.

Further, all the court cases regarding revision of night duty allowance was related to the notional ceiling of Rs. 2200/- per month and this issue was resolved by ordering the NDA on the actual salary and nowhere court further fixed any real or notional ceiling. Even it has been already clarified in the earlier order which states that entitlement ceiling of Rs. 2200/- is not applicable to existing categories who are getting NDA. Prior to implementation of recommendations of 6th CPC, IEs / NIEs / NGOs upto Assistant Foreman (Technical) was entitled for Night Duty Allowance being a non-gazetted supervisory staff but now the post of Assistant Foreman is merged with JWM which is a gazetted supervisory post in OFB. Hence, all the Industrial / Non-Industrial & Non – Gazetted Supervisory staff are entitled for NDA on the basis of actual salary.

Therefore, you are requested to intervene into the matter so that all IEs/NIEs/NGOs may get the NDA as per actual salary in compliance with the court pronouncements in letter and spirit.

Thanking you.

Sincerely yours

Sd/-

(M P SINGH)

General Secretary

Source: BPMS

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Method of Night Duty Allowance and Night Shift Bonus Calculation for Industrial Employees

Night Duty Allowance & Night Shift Bonus in OFB- Para 196 & 201 of Office Manual Part-VI (Volume-I) Chapter -V (Labour-Methods of Payment and Allocation)

Night Duty Allowance

201. Industrial employees working on night shifts are eligible for Night Duty allowance on the basis of weightage of 10 minutes for every hour of night duty performed between 22.00 hours and 6.00 hours at the rates specified in the Government orders Issued from time to time.

For calculation of weightage, duty for less than half an hour shall be ignored and, duty for half an hour and more but less than one hour shall be reckoned as one full hour. The rounding off of fractions of an hour shall be made with reference to the, actual hours of night, duty performed in a month (i.e. wage period) and not on daily basis.

Night duty allowance not be admissible during overtime hours if any falling within the night duty hours. The allowance will not be treated as `Pay’ for purpose of piece work earnings or for other allowances admissible to the employees. The night duty allowance payable to the industrial employees shall be booked to work order number 02/00003/00 and the work order is exempt from DA levy.

Note: – In the muster rolls, the period of night shift indicating the time of commencement and closing of such a shift in respect of workers on night duty should be specifically indicated by the factory.

The net hours of work between 22.00, hrs and 6.00 hrs. performed by the workers daily during the normal hours of night shift duty (i.e. after excluding the period of recess, shift leave, overtime etc. during that period) ‘,which hours qualify for night duty allowance should be shown separately in muster roll and progressive weekly and monthly Carried over as done in the case of normal booking, of attendance.

Night Shift bonus

196. A night shift represents the hours worked between the termination of the day shift and the normal opening hours of the next day. The piece workers who Perform overtime work under Departmental rules in the night shift will be paid an extra half hour pay termed as ‘Night shift bonus‘ calculated at the hourly rate of 1/200 of the monthly basic pay plus dearness allowance, special pay, personal pay, pension (to the extent taken into account for fixation of pay in the case of re-employed pensioners) and city compensatory allowance for every hour of systematic overtime under Departmental Rules worked on the Night shift in addition to their piece yearnings. This element is not admissible to day workers.

Source:http://bpms.org.in/documents/night-duty-allowance-jpln.pdf

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Calculation formula for payment of Night Duty Allowance – PC of A(Fys) Circular on 29.5.2015

Payment of Night Duty Allowance (NDA) at revised rates to the eligible civilian employees working in the Establishments under the Ministry of Defence

CIRCULAR

OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS) 

10A, S.K.BOSE ROAD, KOLKATTA, 700001

Pay/Tech-II/1206/2015/08

Dated: 29.05.2015

Subject: Payment of Night Duty Allowance (NDA) at revised rates to the eligible civilian employees working in the Establishments under the Ministry of Defence

With respect to this office Circular No. Pay/Tech-II/1206/2015/07 dated 28-05-2015 it is further instructed that the formula for payment NDA (Night Duty Allowance) to all eligible categories (IE/NIEs/NGOs) of employees working in Ordnance Factories organization will hence forth be revised. The hourly rate for NDA is to be calculated on the basis of revised band Pay plus Grade pay plus DA divided by 195 hours, being the total actual normal working hours in a month in Ordnance Factories.

The new formula for payment of NDA will thus take the following shape:

                                       (Current Band Pay +Grade Pay)+ Dearness Allowance (at 6th CPC rates)

Hourly rate for NDA = ------------------------------------------------------------------------------------------

                                                                                       195

For each hour of ‘continuous and intensive Night Duty’ performed an uniform weightage of 10 (ten) minutes may be given on the Hourly rate calculated as above.

This revised formula is to be made effective w.e.f. 01-04-2007.

Due drawn statement may be audited and arrear claims may be admitted in audit accordingly after verification with original paid bills by the LAOs.

A copy of the same may please be forwarded to all Br. AOs under your jurisdiction to take necessary action at their end.

Sd/-

Additional Controller of Accounts (Fys)

R. SRINIVASAN

Additional Controller of Accounts (Fys)

General Secretary

Indian National Defence Workers Federation

No.6, 6th Street, Vaishnavi Nagar,

CHENNAI – 600 109.

Source: INDWF

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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

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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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Railway Board Order 2013: Rates of Night Duty Allowance w.e.f. 01.01 .2013.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
( RAILWAY BOARD)

RBE No. 48/20l3

No.E(P&A)II-2013/HW-2

New Delhi, dated 21-05-2013.

The General Managers/CAOs,
All Indian Railways & Prod. Units etc,
(As per mailing lists No.I & II).

Subject: Rates of Night Duty Allowance w.e.f. 01.01 .2013.

   Consequent to sanction of an additional Installment of Dearness Allowance vide this Ministry’s letter No. PC-VI/2008/I/7/2/l dated 26.04.2013.

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Grant of Night Duty Allowance on the basis of Actual Salary - Implementation of Courts Judgement.

Office of the Principal Controller of Defence Accounts (Central Command) Cariappa Road, Cantt., Lucknow, Pin Code – 226002

TOP PRIORITY

Speed Post

No. PT/3088/CGDA/Corr                                                                          

Date: 04/02/2013

To,
All Sub Offices

Sub -: Grant of Night Duty Allowance on the basis of Actual Salary - Implementation of Courts Judgement.

Ref -:    HQrs Office Letter No. AT/II/2366/NDA-VIII dated 01/02/2013.

    The copy of HQrs Office Delhi Cantt. letter No. cited under reference on above subjects is forwarded herewith for your information and information required as per Para 2 of MOD/D (Civ-II) U.O Note bearing NO. 17(4)/2012/D (Civ-II) dated 04.01.2013 (Copy enclosed) may please be forwarded to this office with in 5 days i.e by 08.02.2013 by Fax as the same is required to be furnished to HQrs office on TOP PRIORITY.

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Rates of Night Duty Allowance w.e.f. 01.07.2012.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
( RAILWAY BOARD)

RBENo. 129 /2012.
New Delhi, dated 21-11-2012.

No.E(P&A)II-2012/HW-1

The General Managers/CAOs,
All Indian Railways & Prod. Units etc,
(As per mailing lists No.I & II).

Subject:- Rates of Night Duty Allowance w.e.f. 01.07.2012.

   Consequent to sanction of an additional instalment of Dearness Allowance vide this Ministry’s letter No. PC-VI/2008/I/7/2/1 dated 03.10.2012, the President is pleased to decide that the rates of Night Duty Allowance, as notified vide Annexures ‘A’ and ‘B’ of Board’s letter No. E(P&A)II-2012/HW-I. dated 08.05.2012 stand revised with effect from 01.07.2012 as indicated at Annexure ‘A’ in respect of ‘Continuous’, ‘Intensive’, ‘Excluded’ categories and workshop employees, and as indicated at Annexure ‘B’ in respect of ‘Essentially Intermittent’ categories.

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Rates of Night Duty Allowance w.e.f. 01.01.2012.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
( RAILWAY BOARD)

RBE No. 63 /2012.

No.E(P&A)II-2012/HW-1

New Delhi, dated 08-05-2012.

The General Managers/CAOs,
All Indian Railways & Prod. Units etc,
(As per mailing lists No.I & II).

Subject: Rates of Night Duty Allowance w.e.f. 01.01.2012.

   Consequent to sanction of an additional instalment of Dearness Allowance vide this Ministry’s letter No. PC-VI/2008/I/7/2/1 dated 09.04.2012, the President is pleased to decide that the rates of Night Duty Allowance, as notified vide Annexures ‘A’ and ‘B’ of Board’s letter No. E(P&A)II-2011/HW-2 dated 29.11.2011 stand revised with effect from 01.01.2012 as indicated at Annexure ‘A’ in respect of ‘Continuous’, ‘Intensive’, ‘Excluded’ categories and workshop employees, and as indicated at Annexure ‘B’ in respect of ‘Essentially Intermittent’ categories.

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Rates of Night Duty Allowance w.e.f. 1-1-2011.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
( RAILWAY BOARD)

No.E(P&A)II-2011/HW-2                    

RBE No.67/2011

New Delhi, dated 16/5/2011.

The General Managers/CAOs,
All Indian Railways & Prod. Units etc,
(As per mailing lists No.1 & 11).

Subject: Rates of Night Duty Allowance w.e.f. 1-1-2011.

*****

   Consequent to sanction of an additional instalment of Dearnes Allowance vide this Ministry’s letter No.PC-Vl/2008/1/7/2/1 dated 25.03.2011, the President is pleased to decide that the rates of Night Duty Allowance, as notified vide Annexures ‘A’ and ‘B’ of Board’s letter No.E(P&A)II-2010/HW-4 dated 27-10-2010 stand revised with effect fron 01-01-2011 as indicated at Annexure ‘A’ in respect of Continuous’. ‘Intensive’,‘Excluded categories and workshop employees, and as indicated at Annexure ‘B’ in respect of Essentially intermittent’ categories.

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

sd/-
(Salim Md. Ahmed)
Deputy Director/E(P&A)III,
Railway Board.

 

Click here to view  the ANNEXURE “A” & ANNEXURE “B”

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