Payment of
Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon, and Noida-
Source- http://www.finmin.nic.in[http://finmin.nic.in/the_ministry/dept_expenditure/notification/ta_ota/TA_OM_FNG07032014.pdf]
Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon, and Noida-
Subject:- Payment of Transport Allowance to Central Government Employees posted in offices located at Faridabad, Ghaziabad, Gurgaon, and Noida – Order of Hon’ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India & Others and 22 OAs (clubbed together) – Matter regarding.
The undersigned is directed to refer to Order dated 4th October, 2013 of Central Administrative Tribunal (CAT), Principal
Bench, New Delhi in O.A. No. 2080/2012 of ML Rustagi v/s Union of India
& Others and 22 similar OAs (clubbed together) wherein Hon’ble CAT
has directed the Ministry of Finance to re-examine the whole issue of payment of Transport
Allowance to Central Government Employees posted in offices located at
Faridabad, Ghaziabad, Gurgaon and Noida holistically taking into
consideration its history starting from the issue of O.M. No. 21(1
)/97-E-ll (B) dated 3.10.1997, the various directions given by the
Tribunal from time to time, the arguments advanced by the Applicants in all the OAs for grant
of special dispensation to satellite towns with further direction that
the decision taken is to be communicated to Ministries/Departments by
means of a reasoned order.
(a) The ‘special dispensation’ to certain localities, including Faridabad, Ghaziabad, Gurgaon, and Noida, in the matter of grant
of House Rent Allowance (HRA) and City Compensatory Allowance (CCA)
were allowed, as special cases, by means of separate orders issued
during 1974 to 1990. The ‘special dispensation, allowed grant
of HRA & CCA at Delhi rates to employees posted in offices located
in Faridabad, Ghaziabad, Gurgaon, and Noida. However, the ‘special
dispensation’ was neither based on classification of Faridabad,
Ghaziabad, Gurgaon, or Noida as ‘A-1/A’ Class cities nor inclusion of
any of these areas into Delhi (UA) for the purpose of HRA and CCA.
(b) The special dispensation in the matter of grant
of HRA & CCA at rates applicable to A-1/A, Class cities to certain
localities including Faridabad, Ghaziabad, Gurgaon, and Noida has been continued
till date in respect of HRA and till 31.08.2008 in the respect of CCA,
by making explicit provisions in the orders issued by the Ministry of
Finance since 1993.
(c) The concept of Transport Allowance was introduced by the Fifth
Central Pay Commission (5th CPC) to defray the cost of commuting between
residence and office. The 5th CPC recommended grant of Transport
Allowance @ Rs.800, Rs.400 and Rs.100 p.m. for ‘A-1/A’ class cities and
@ Rs.400, Rs.200 and Rs.75 p.m. for remaining cities/towns to be
classified as ‘Other Places’. The 5th CPC had not specified/ recommended
as to what should be the basis for classification of cities/towns as
‘A-1/A’ class cities or ‘Other Places, for the purpose of Transport Allowance. On accepting the recommendation of 5th CPC, order for grant of Transport Allowance was issued vide Ministry of Finance O.M. No. 21(1)/97-E-ll (B) dated 3.10.1997. Though it was decided that the cities classified as ‘A-1′ and ‘A’ for the purpose of CCA shall be the same for grant of Transport
Allowance also, however, it was not decided to extend the ‘special
dispensation’ granted to CCA, in respect of certain localities including
Faridabad, Ghaziabad, Gurgaon and Noida, for Transport Allowance.
(e) The issue of grant of Transport
Allowance at higher rates to employees posted in offices located in
Faridabad, Ghaziabad, Gurgaon and Noida were raised in various OAs filed
in CAT, in particular OA No. 1270/2005 which was disposed by Order
dated 18.11.2005, OA No. 483/2005 along with OA No. 1292/2005 disposed
by Order dated 16.09.2005 and OA No.2263/2005 disposed by Order dated
03.01.2006. The Order of CAT dated 16.09.2005 in OA No. 483/2005 was
challenged in the Delhi High Court and the matter was admitted as WP (C)
No. 2600/2006 of ESIC & Others v/s Joint Action Council Speciality
and Doctors wherein the Union of India is being represented through
Secretary, Ministry of Labour and Employment. The Hon’ble High Court of
Delhi is yet to decide the matter. Hence, the order of CAT allowing grant of Transport
Allowance at’A-1/A ‘class cities to employees posted in offices located
at Faridabad, Ghaziabad, Gurgaon and Noida is, therefore, sub-judice.
(f) The 6th CPC while recommending CCA to be subsumed in Transport Allowance, did not recommend any special dispensation to be given to any locality in the matter of grant of Transport
Allowance. Orders on implementation of the recommendations of the 6th
CPC were issued vide Ministry of Finance O.M. No. 21 (2)/2008-E.II (B)
dated 29.08.2008 (effective from 01.09.2008) wherein higher rates of Transport
Allowance were allowed to ‘A-1/A’ class cities and lower rates to
“Other Places”. The names of those 13 cities, to which higher rates of Transport
Allowance is admissible, have been explicitly mentioned therein, which
do not include Faridabad, Ghaziabad, Gurgaon or Noida. All
cities/towns/places other than those 13 specified cities, comes under
the classification of ‘Other places’ for the purpose of admissibility of
Transport Allowance. Moreover, Delhi (UA) classified as ‘A-1’ class
city for CCA purpose does not include the areas of Faridabad, Ghaziabad,
Gurgaon and Noida.
Source- http://www.finmin.nic.in[http://finmin.nic.in/the_ministry/dept_expenditure/notification/ta_ota/TA_OM_FNG07032014.pdf]
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