Grant of Night Duty Allowance on the basis of Actual Salary – Implementation of Courts Judgements
BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S)
(RECOGNISED BY MINISTRY OF DERENCE, GOVT.OF INDIA)
The Joint Secretary (P&C),
Department of Defence Production,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Deli – 110011
Subject: Grant of Night Duty Allowance on the basis of Actual Salary – Implementation of Courts Judgements.
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/- is under consideration in the Ministry of Defence consequent of courts Judgements. Hon’ble CAT Jodhpur has 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 workperformed 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 leant that vide I.D.No.17(4)/2012/D (Civ-II), dated 04.01.2013 MOD has asked for some data from all the Dtes/Hqrs and since then the matter is pending.
Therefore, you 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 non-petitioner.