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
