Night Duty Allowance (NDA): Clarification regarding Fixation of ceiling of pay for entitlement by MoD

Night Duty Allowance (NDA): Clarification regarding Fixation of ceiling of pay for entitlement by MoD

 Night Duty Allowance (NDA) — Clarification regarding Fixation of ceiling of
pay for entitlement by MoD

nda clarification regarding fixation of ceiling of pay

Government of India, Ministry of Defence, (Department of Defence), D(Civ.II)**  Subject: Night Duty Allowance (NDA) — Clarification regarding Fixation
of ceiling of pay for entitlement ** 
Ref: CGDA UO No. AT/II/2366/NDA/Vol-X dated 22.01.2016 and last reminder
dated 13.12.2016 ** In compliance of Hon. CAT, Jodhpur Bench Order dated 5 Nov 2009, MOD issued
letter dated 8th May 2015 to provide that the payment of Night Duty
Allowance (NDA) shall be made on the basis of the current pay of the
employees who are deployed for performing the duty during the night hours.

Government of India
Ministry of Defence
(Department of Defence)
D(Civ.II) 

Subject: Night Duty Allowance (NDA) — Clarification regarding Fixation
of ceiling of pay for entitlement. 
 
Ref: CGDA UO No. AT/II/2366/NDA/Vol-X dated 22.01.2016 and last reminder
dated 13.12.2016. 
In compliance of Hon. CAT, Jodhpur Bench Order dated 5 Nov 2009, MOD issued
letter dated 8th May 2015 to provide that the payment of Night Duty
Allowance (NDA) shall be made on the basis of the current pay of the
employees who are deployed for performing the duty during the night hours.
Accordingly, Principal Controller of Accounts (PCA)(Fys), Kolkata issued
letter dated 29.05.2015 to define the new formula for computation of NDA.
This formula provides that the amount of NDA shall be computed by taking
employee’s current Band Pay & Grade Pay plus DA divided by 195 (i.e.
total working hours in a month). In this manner, the Hon’ble CAT order, as
upheld by Hon’ble High Court/Supreme Court stands implemented in letter
& spirit. 
2. Subsequently, PCA (FYS) Kolkata issued letter dated, 9 Sep 2015 to
prescribe the pay ceiling corresponding to Rs. 2200 per month (specified in
terms of DoPT OM dated 4 Oct 1989) to determine entitlement of staff for
night duty. However, the corresponding pay so prescribed was not accepted
by the OFB Administration. As per OFB’s calculations, the current pay
corresponding to Rs.2200 is not only different, but there is wide disparity
in both the figures. OFB has stated that they cannot accept this unilateral
decision of PCA(Fys) because the calculations are incorrect. Besides, this
has led to industrial unrest at all Ordnance Factories. The staff side
members have expressed displeasure and have threatened to stop Night duty
at all Ordnance Factories. OFB Admn apprehends serious loss of production
and have requested MOD to examine the issue and intimate corresponding pay
of Rs.2200 so that the employees could be detailed accordingly for
performing duty at night hours. Likewise, CGDA has also sought
clarification from MOD on the same issue. 
3. The matter was examined in MOD in consultation with MoD(Fin) and DoPT.
DoPT stated that the calculations made by both PCA (FYS) and OFB are
incorrect and prescribed a different formula to compute the current pay
corresponding to Rs.2200 per month that existed during 1989. Both PCA(Fys)
and OFB have rejected this formula for being cumbersome and unworkable.
This office also supports their views because using this formula entails
tedious calculations of pay of each employee ever since their date of
joining service, running into decades. In a nutshell, attempts to find out
the current pay equivalent to Rs.2200 pm have not been fruitful in spite of
consultations with DoPT and MoD(Fin), and the stalemate on the issue
continues across all the defence establishments, leading to confusion and
possible loss of productivity. 
4. On further consideration, it has been observed that the DOPT OM No.
12012/4/86-Estt.(Allowances) dt. 04.10.1989 on the subject of NDA lays down
following condition to determine the entitlement for NDA: 
(Clause a) – The ceiling of pay for entitlement of NDA shall be Rs. 2200/-
p.m. 
(Clause b)-

There will however be no ceiling for entitlement of NDA in
respect of officials who are, at present, getting this benefit as per
existing criteria. 
 
5. Clause (a) 
The pay ceiling of Rs. 2200 per month mentioned in the DoPT in their OM
dated 4 Oct 1989, was prescribed more than 25 years ago. During the
intervening period, two Pay Commissions have come into force which have
altered the pay structure of the employees drastically. In spite of an
altogether different landscape of the pay structure, the DoPT did not come
up with any revised order to amend the provisions of their OM dated 4 Oct
1989 relevant to the current pay structure. In the absence of clear
guidelines, the management of Defence Establishments resorted to adhoc
measures to keep their organizations running during the night hours in the
intervening period. Proposals sent by MOD to DoP&T at various stages in
the light of various judicial pronouncements, were rejected, sometimes on
the grounds that the DoPT orders are not applicable to industrial
employees. In the current phase, the efforts being made by the defence
authorities to adhere to the prescribed pay limit have proved to be
frustrating because of the practical difficulties being faced by both
Accounting Authorities and the Defence Estts who, due to tedious and
lengthy calculations, have not been able to reach a consensus to determine
the level of staff who can be deployed for performing the night duty. In
the current scenario where the pay ceiling of Rs.2200 pm. is obsolete and
meaningless, and the DoPT have avoided prescribing a realistic ceiling that
would be relevant to the current pay structure of the Government employees,
it is left upon MOD to find a solution. Even though MOD proposes to take up
the matter with DoPT again for prescribing a pay ceiling based on the
current pay structure, it is however felt that the decision thereon shall
have reflection over the future cases only and is not likely to resolve the
current cases.
6. Clause (b) 
The provision in the DOPT OM dated 4 Oct 1989 (highlighted above in para 4)
permits entitlement of NDA without any ceiling in respect of officials “who
were getting this benefit (at that time) as per existing criteria”. In view
of the fact that the pay ceiling prescribed in clause (a) is of no
relevance today, it has become necessary to resolve the imbroglio by
resorting to the second provision given in this OM – named as clause (b).
It has been decided that till such time the new pay parameters based on the
current pay structure to determine the entitlement for NDA are prescribed
by the nodal Ministry, OFB/Field Offices/Defence Establishments are allowed
to determine the entitlement of their employees for the purpose of NDA in
terms of this clause in the DoPT OM dated 04.10.1989 that provides that

there shall be no ceiling for entitlement of NDA in respect of such
officials who were getting this benefit at that point of time

as per extant criteria. So as to give a formal and concrete shape to this,
the OFB and other Defence Establishments are being advised to issue a
one-time office order, specifying in definite terms, the designations/
categories/levels of non-gazetted employees (Industrial and Non Industrial)
who were getting this benefit of NDA in accordance with extant instructions
i.e. DoPT OM dated 4 Oct 1989, so as to ensure their seamless deployment at
night shifts and payment of NDA based on current pay. 
7. CGDA is, therefore, requested to issue necessary directions to their
lower formations to deal with the cases of payment of NDA accordingly. 
8. This issues with the approval of Additional Secretary. 
Sd/-
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(Anil Kumar)
Deputy Secretary to the Govt of India
Tel: 23011681 
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Source: BPMS

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