Non circulation of DOPT letter dated 13/07/2020 on NDA – AIRF Reference

DOPT vide above referred to OM dated 13/07/2020 has restricted the payment of Night Duty allowance to such of the Central Government staff whose basic pay is Rs.43 600 or less, and those join higher pay shall not be entitle for payment of NDA……

AIRF/76/2020 31st July 2020
The DG/HR
Railway Board
New Delhi
Dear Sir,
Sub- Non circulation of DOPT letter dated 13/07/2020 on NDA
Ref-RB No. 199/2008 and 36/2018
ii- DOPT OM No A-27016/02/2017-zesty.(AL)of DOP& T date. 13.07.2020
DOPT vide above referred to OM dated 13/07/2020 has restricted the payment of Night Duty allowance to such of the Central Government staff whose basic pay is Rs.43 600 or less, and those join higher pay shall not be entitle for payment of NDA.
In case the above OM of DOPT is implemented in Indian Railways, the entire level 7( Starting Pay. Rs.44900) Employees, 90% of Employees (Starting Pay. Rs. 35,400/-) In Level 6 & about 60% of Employees In Level.5 & below, will not be entitled to Claim NDA, There by all Station Masters, Loco Pilots rights from Sr. ALP, Goods Guards, 90 Commercial Checking Staff, Technicians GR-I, cannot be entitled for payment of NDA despite performing night duty.
In this connection it would not be out of context to mention here that the Night duty allowance to the Railwaymen is paid as per the “Award” of Justice. Miabhoy Tribunal of 1969 and even the 7th CPC as per Para.8.17.72 mentioned clearly that, its recommendations are based on the Justice. Miabhoy Tribunal. (Vide The Night Duty Allowance Para 8.17.71 to 8.17.77 of 7th CPC recommended NDA& it’s Formula).
The Railway Board also accepted the recommendations of 7th CPC on “NDA” and vide RBE.No. 36/2018 date. 08.03.2018 issued orders for Revision of NDA w.e.f. 01.07.2017
The Above order, clearly stated that, all “Non-Gazetted Railway Servants (irrespective of their Pay) classified under Chapter XIV of Railways Act.1989 read with HOER (.ie. those classified under Intensive, Continuous & Essentially Intermittent) are Eligible for NDA.
The DOP&T while issuing the above letter on NDA, superseded it’s earlier letter dated 05.05.1994 (Related to LDCE’s/UDCE’s of Central Secretariat) & OM dated 04/10/1989,(Relevant to Railwaymen) By Which under Para (iv)there is No Ceiling of for Entitlement of NDA Only By Superseding the 1989 letter the DOP&T imposed a Basic Pay Ceiling of Rs.43,600/- for Entitlement if NDA.
Since ,the Indian railways operates round the clock for which majority of Railway employees have to perform duty in shifts including night duty between 22.00 to 06.00. hrs. As such capping of upper pay limit for entitlement of NDA in terms of DOPT OM dated 13/07/2020 would be uncalled for and unjustified.
It is therefore, requested that the OM under reference of DOPT dated 13/07/2020 should not be implemented in railways and DOPT OM No. 12012/54/86 dated 04/10/1989 need to be restored and the railwaymen be continued to be paid NDA as per recommendations of 7th CPC (RBE No- 36/2018) dated 8/03/2018.