Dearness allowance to central govt employees
R C Pandey
(Querist) 09 January 2016
This query is : Resolved
Dear Sir,
I want clarification that whether the DA is permissible on any emoluments which may be specially classed as pay by the President of India under FR 9 (21)(a) (iii)
Yours Sincerely
R C Pandey
Guest
(Expert) 09 January 2016
Dear Shri Pandey,
DA is admissible on any part of emolument which is termed as "pay" as may have been included in the definition under FR 9(21).
R C Pandey
(Querist) 10 January 2016
Thank you Sir,
Enclosing copy of FR 9(21)(a)(iii)
(a) Pay means the amount drawn monthly by a Government servant as -
(i) the pay, other than special pay or pay granted in view of his personnel qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre; and
(ii) overseas pay, special pay and personal pay ; and
(iii) any other emoluments which may be specially classed as pay by the President,
------------------------
The President is pleased to authorise payment of deputation allowance to non-gazatted personnel of P&T Department working in the Army Postal Service @ 15% of their civil pay w.e.f from 01 Jun 1984.
Ministry of Defense has ordered on this on 19.3.85 -
" The officials , during their service in the Army Postal Service , will draw a field service allowance as specified time to time . The allowance will be considered as pay in terms of FR 9(21)(a)(iii).
Note := The Deputation Allowance being paid at present to such personnel is re-designated as Field Service Allowance.
The Deputation allowance was paid prior to 01 Jun 1984 @ 10% of the civil pay and DA was paid on that.
But after receiving the above order of MOD dated 19.3.85 ,Audit Office has stopped DA on Field Service Allowance sanctioned in terms of FR 9(21) (a) (iii) and replied on query that 'As far the admissibility of DA on deputation allowance (Field Service Allowance ) is concerned , Dearness allowance is admissible on pay as defined in FR 9(21)(a)(i) only.
Please see and guide me . I also want to consult some lawyer Of AFT / CAT to defend the case of APS personnel.
Thanking You.
Yours Sincerely
R C Pandey
Anirudh
(Expert) 10 January 2016
Needless to say, the deputation ALLOWANCE itself is a % of basic pay.
It is definitely not a pay either in terms of FR 9(21)(a)(i) or (ii). However, you say that Ministry of Defence has ordered that it will be considered as pay in terms of FR 9(21)(a(iii).
One has to go through the Notification of Defence Ministry before giving any view on your query. If possible, please paste the notification in this thread so that the same can be looked into.
But, prima facie it appears that D.A. will not be available on the Deputation Allowance.
R C Pandey
(Querist) 10 January 2016
Dear Shri Sudhir,
Thank you Sir,
Enclosing copy of FR 9(21)(a)(iii)
(a) Pay means the amount drawn monthly by a Government servant as -
(i) the pay, other than special pay or pay granted in view of his personnel qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre; and
(ii) overseas pay, special pay and personal pay ; and
(iii) any other emoluments which may be specially classed as pay by the President,
------------------------
MOD Letter No 90037/APS 1A/2488 and to state D(Mov)dated26 Jun 1984
" I am directed to refer this ministry letter No. 20(2)/63/108-8/D(Mov) dated 28 Jan 1964 on the above subject that the President is pleased to authorise payment of deputation allowance to non gazetted personnel of P&T Department working in the APS @15% of their civil payw.e.f. 1st june 1984."
Copy of Ministry of Defense has ordered No 90004/APS 1A/1600/D(Mov) dated 19.3.85 -
" The officials , during their service in the Army Postal Service , will draw a field service allowance as specified time to time . The allowance will be considered as pay in terms of FR 9(21)(a)(iii).
Note := The Deputation Allowance being paid at present to such personnel is re-designated as Field Service Allowance."
The Deputation allowance was paid prior to 01 Jun 1984 @ 10% of the civil pay and DA was paid on that to P&T personnel on deputation to APS .
But after receiving the above order of MOD dated 19.3.85 ,Audit Office has stopped DA on Field Service Allowance sanctioned in terms of FR 9(21) (a) (iii) and replied on query vide their letter No D.O. No 1-12/86-PAP dated 11.11.87
'As far the admissibility of DA on deputation allowance (Field Service Allowance ) is concerned , Dearness allowance is admissible on pay as defined in FR 9(21)(a)(i) only.'
I want clarification on the above issue whether the DA is admissible on Field service allowance which is specially classed as pay by the President under FR 9(21)(a) (iii). I also want to consult some lawyer Of AFT / CAT to defend the case of APS personnel.
Thanking You.
Yours Sincerely
R C Pandey
Guest
(Expert) 10 January 2016
Dear Shri Pandey,
In reply to the objection of the audit party, you may simply ask them to quote rule under which DA is not permissible for the allowance treated as pay for the purpose of FR 9(21)(a)(iii). Ruling, if any quoted by them may be examined in detail to ask for any clarification, if nedd be.
Otherw3ise, even if clarified here by any expert, the audit won't agree to that unless questioned on their own objection.
K.S.Srinivas
(Expert) 23 January 2016
Then consult service law consultant.
