Dispensation of conditions of applying for Government Accommodation and furnishing of 'No Accommodation Certificate for admissibility of House Rent Allowance

Dispensation of conditions of applying for Government Accommodation and furnishing of 'No Accommodation Certificate for admissibility of House Rent Allowance.
 

No.2/5/2017-E.IIB
Government of Finance
Department of Expenditure

North Block, New Delhi
Dated: 5th March, 2019

OFFICE MEMORANDUM

Subject: Dispensation of conditions of applying for Government Accommodation and furnishing of 'No Accommodation Certificate' for admissibility of House Rent Allowance.

Several reference are being received in this Department to review the condition applying for Government Accommodation and furnishing of 'No Accommodation Certificate' for admissibility of House Rent Allowance as contained in Para 4(a) of this Department's O.M. No.2(37)-E.II(B)/64 dated 27.11.1965 read with Para 1(1) of O.M. No.11011/1/E.II(B)/75 dated 25.02.1977.

2. The matter has been examined in this Department and in supersession of Para 4(a) of this Department's O.M. No. 2(37)- E.II(B)/64 dated 27.11.1965 read with Para 1(1) of O.M. No.11011/1/E.II (B)/75 dated 25.02.1977 and to simplify the procedure relating to grant of house rent allowance to Central Government employees, the President in consultation with Ministry of housing and urban affairs and the Staff side of the National council (J.C.M), is pleased to decide that the conditions of applying for Government Accommodation and furnishing of 'No Accommodation Certificate' by Central Government employees to become eligible for House Rent allowance, are dispensed with for all places, in respect of General pool Residential Accommodation (GPRA) controlled by Directorate of Estates.

3. Ministries / Departments having their separate pool of residential accommodation for their employees other than GPRA, may adopt these provisions, wherever feasible.

4. These orders shall be effective from the date of issue of the orders.

5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.

Hindi version is attached.

(Nirmala Dev)
Deputy Secretary to the Government of India

Source : DoE

Grant of Additional House Rent Allowance to CG Employees - Finmin Order 14.8.2018

Grant of Additional House Rent Allowance to CG Employees - Finmin Order 14.8.2018

Grant of additional HRA to the civilian employees of the Central Government serving in the States of North Eastern Region, Andaman & Nicobar Islands, Lakshadweep Islands and Ladakh

No.28/1/2017-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, dated the 14th August,2018

OFFICE MEMORANDUM

Subject: Grant of additional HRA to the civilian employees of the Central Government serving in the States of North Eastern Region, Andaman & Nicobar Islands, Lakshadweep Islands and Ladakh.

Consequent upon revision of rates of House Rent Allowance (HRA)/additional HRA w.e.f. 01.07.2017 vide this Department’s O.M. No.2/5/2017-E.ll(B) dated 07/07/2017 and O.M. of even number dated 19.07.2017 respectively, it has been decided to grant additional HRA at old duty station w.e.f. 01.07.2017 to all those Central Government civilian employees who have been transferred to North Eastern Region, Andaman & Nicobar Islands, Lakshadweep Islands and Ladakh, prior to 01.07.2017 or after 01.07.2017 and continue to remain posted there after 01.07.2017, as under:-
(i) ln case of civilian employees of Central Government transferred to and posted from a date prior to 01.07.2017 who leave their families behind at the old duty station, the HRA of the old duty station will be calculated on the revised pay drawn on 01.07.2017 with the percentage rates of HRA effective on 01.07.2017 as per 0.M. No. 2/5/2017.E.ll(B) dated 07/07/2017.

(ii) In case of civilian employees of Central Government transferred to and posted from a date on or after 01.07.2017 who leave their families behind at the old duty station, the HRA of the old duty station will be calculated on the revised pay drawn on the date of transfer with the percentage rates of HRA effective on the date of transfer.

2. This is issued with the approval of Secretary (Expenditure)

sd/-
(Nirmala Dev)
Deputy Secretary to the Government of India

Source: https://www.doe.gov.in

Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation

Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 05/2018
New Delhi, dated : 15.01.2018

No.E(P&A)II-2017/HRA-3

The General Managers,
All Indian Railways & Production Units etc.

Sub : Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation.

Ref : Board's letters No.
(i) No. E(P&A)II-87/HRA-15, dated 16-5-1988,
(ii) No. E (P&A)11-95/HRA-3, dated 14-2-1996,
(iii)  No. E(P&A)11- 99/HRA-2, dated 12-7-1999 & 16-3-2000,
(iv) No. E(P&A)II- 2002/HRA-4, dated 16-10-2002,
(v) No. E(P&A)11-2002/HRA-4, dated 9 -5-2003 and,
(vi) No. E(P&A)II-2010/HRA-2, dated 08-12-2010

Attention is invited to Board’s letters quoted above delegating powers to the General Managers and other Heads of Organisations directly controlling allotment of quarters to Railway Servants for sanction of House Rent Allowance in accordance with the prescribed conditions to the categories of Railway Employees specified therein. This delegation of powers was valid upto  31.03.2017.

2.The question of renewing this delegation of powers beyond 31.03.2017 has been engaging the attention of the Board. On the basis of the reports received from the Zonal Railways and Production Units, the matter has been considered and the Board have decided to renew the sanction contained in para 5 of their letter dated 16.5.1988 ibid and as amended/modified from time to time, w.e.f 01.04.2017 upto 31.03.2024 where after the question of renewing this delegation will be considered by the Board and a fresh sanction, if necessary, issued on the basis of reports received from the General Managers etc., directly controlling allotment of quarters, in regard to the position of availability of Railway accommodation under their control.

3. In case at any point of time it transpires that some accommodation is likely to remain vacant/un-occupied due to lack of demand, it should be made compulsory to submit applications for such types where there is surplus accommodation, and consequently, the employees entitled for such types would not be eligible to draw House Rent Allowance.

4.  This delegation is also subject to the over-riding, condition that these orders are liable to be withdrawn/modified at any time during this period, if it is considered necessary by the Board to do so.

5. This has the approval of the President and issues with the concurrence of the Finance Directorate of the Ministry of Railways.

6. Kindly acknowledge receipt.

S/d,
(Salim Md. Ahmed)
Deputy Director, Estt.(P&A)II,
Railway Board

Source: NFIR

Is the House Rent Allowance paid to Central Government employees as per the recommendations of 7th Pay Commission sufficient?

Is the House Rent Allowance paid to Central Government employees as per the recommendations of 7th Pay Commission sufficient?

If the question is to be answered at a superficial level, the answer is yes. Let us analyze things from the angle of a lower rung employee.

An employee is paid HRA at the rate of 24%, 16% and 8% of his basic salary based on the city where he works. For HRA purpose, cities in India are divided into three groups, namely X, Y and Z, and HRA is paid respectively at the rate of 24%, 16% and 8% uniformly for all categories of employees.
A person employed in Delhi will get 24% of his basic salary as HRA and an employee employed in Kanyakumari will get 8% of his basic salary as HRA. The minimum basic salary of a Central Government employee is Rs.18000. Accordingly, a person working in Delhi should get Rs.18000 x 24% = Rs.4320, and a person employed in Kanyakumari should get Rs.18000 x 8% = Rs.1440. But the minimum HRA applicable to all the three group of cities, namely X,Y and Z, are Rs.5400, Rs.3600 and Rs.1800 respectively. Accordingly, an employee working in Delhi will get Rs.5400, while an employee employed in Kanyakumari will get Rs.1800 as House Rent Allowance.

The important point to be noted here is Sixth Pay Commission had recommended HRA at the rate of 10%, 20% and 30% for Central Government employees and they were paid accordingly from 2008 to 2015. But the recommendation of the Seventh Pay Commission to reduce the HRA rates has led to the dissatisfaction among Central Government employees.

Though Seventh Pay Commission salary is paid to Central Government employees from 1-1-2016, the revised HRA paid since 1-7-2017 has increased their dissatisfaction further.

Moreover there was a great expectation for arrear payment for the period January 2016 to June 2017.
Non-fulfillment of these two highly expected demands has made the Central Government employees unhappy with HRA.

Classification of Cities / Towns	Rate of HRA	Rate of HRA (DA over 25%)	Rate of HRA (DA over 50%)
X	24 %	27%	30%
Y	16%	18%	20%
Z	8%	9%	10%

Implementation of recommendations of the Seventh Central Pay Commission relating to grant of House Rent Allowance (HRA) to Central Government employees

Implementation of recommendations of the Seventh Central Pay Commission relating to grant of House Rent Allowance (HRA) to Central Government employees

No.21512017-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, 7th July, 2017.

OFFICE MEMORANDUM

Subject:- Implementation of recommendations of the Seventh Central Pay Commission relating to grant of House Rent Allowance (HRA) to Central Government employees.

Consequent upon the decision taken by the Government on the recommendations of the Seventh Central Pay Commission, the President is pleased to decide that, in modification of this Ministry’s O.M. "No.2(37)-E.II (B)/64 dated 27.11.1965 as amended from time to time, O.M. No.2(13)/2008 -E.II(B) dated 29.08.2008 and OM. No.2/5/2014-E.II(B) dated 21.07.2015, the admissibility of House Rent Allowance (HRA) shall be as under:

Classification of Cities/Towns	Rate of House Rent Allowance per month as a percentage of Basic Pay only
X	24%
Y	16%
Z	8%

2. The rates of HRA will not be less than Rs.5400/-, 3600/- & 1800/- at X, Y & Z class cities respectively.

3. The rates of HRA will be revised to 27% 18% & 9% for X, Y & Z class cities respectively when Dearness Allowance (DA) crosses 25% and further revised to 30%, 20% & 10% when DA crosses 50%.

4. The term "basic pay” in the revised pay structure means the pay drawn in the prescribed pay levels in the Pay Matrix and does not include Non-Practising Allowance (NPA), Military Service Pay (MSP) etc. or any other type of pay like special pay, etc.

5. The list of cities classified as 'X', 'Y’ and 'Z’ vide DoE’s O.M. No.2/5/2014- E.II(B) dated 21.07.2015, for the purpose of grant of House Rent Allowance is enclosed as Annexure to these orders.

6. Special orders on continuance of HRA at Delhi ("X" class city) rates to Central Government employees posted at Faridabad, Ghazlabad, NOIDA and Gurgaon, at Jalandhar {“Y" class city) rates to Jalandhar Cantt., at "Y" class city rates to Shillong, Goa & Port Blair and HRA at par with Chandigarh '(“Y" class city) to Panchkula, SAS. Nagar (Mohali) which have been allowed to continue vide Para .'4' of this Ministry’s O.M. No.2/5/2014-E.II(B) dated 21.07.2015 and OM. No. 2/2/2016- E.II(B) dated 03.02.2017, shall continue till further orders.

7. All other conditions governing grant of HRA under existing orders, shall continue to apply.

8. These orders shall be effective from 1st July, 2017.

9. The orders will apply to all civilian. employees of the Central-Government. The Orders will also be applicable to the civilian employees paid from the Defence Services Estimates. In respect of Armed Forces personnel and Railway employees, Separate orders will be issued by the Ministry of Defence and the Ministry of Railways, respectively.

10. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.
Hindi version is attached.

(Annie George Mathew)
Joint Secretary to the Government of India

ANNEXURE

To O.M. No.2/5/2017-E.II(B) dated 07.07.2017.

LIST OF CITIES/TOWNS CLASSIFIED FOR GRANT OF HOUSE RENT ALLOWANCE TO CENTRAL GOVERNMENT EMPLOYEES

Sl. No.	STATES/ UNION TERRITORIES	CITIES CLASSIFIED AS "X"	CITIES CLASSIFIED AS "Y"
1.	ANDAMAN & NICOBAR ISLANDS	--	--
2.	ANDHRA PRADESH/ TELANGANA	Hyderabad (UA)	Vijayawada (UA), Warangal (UA), Greater Visakhapatnam (M.Corpn.), Guntur (UA), Nellore UA
3.	ARUNACHAL	--	--
4.	ASSAM	--	Guwahati (UA)
5.	BIHAR	--	Patna (UA)
6.	CHANDIGARH	-	Chandigarh (UA)
7.	CHHATTISGARH	-	Durg-Bhilai Nagar (UA), Raipur (UA)
8.	DADRA & NAGAR HAVELI	-	-
9.	DAMAN & DIU	-	-
10.	DELHI	Delhi (UA)	-
11.	GOA	--	--
12.	GUJARAT	Ahmadabad (UA)	Rajkot (UA), Jamnagar (UA), Bhavnagar (UA), Vadodara (UA), Surat (UA)
13.	HARYANA	-	Faridabad* (M.Corpn.), Guraon* (UA)
14.	HIMACHAL PRADESH	--	--
15.	JAMMU & KASHMIR '	-	Srinaar (UA), Jammu (UA)
16.	JHARKHAND	-	Jamshedpur (UA), Dhanbad (UA), Ranchl (UA), Bokaro Steel City (UA)
17.	KARNATAKA	Bengalore/Bengaluru(UA)	Belgaum (UA), Hubli-Dharwad (M.Corpn.), Mangalore (UA), Mysore UA), Gulbaroa (UA)
18.	KERALA	_	Kozhikode (UA), Kochi (UA), Thlruvanathapuram (UA), Thrlssur (UA), Malappuram(UA), Kannur (UA), Kollam (UA)
19.	LAKSHADWEEP	--	--
20.	MADHYA PRADESH	--	Gwalior (UA), Indore (UA), Bhopal (UA), Jabalpur (UA), Ujjain (M. Corpn)
21.	MAHARASHTRA	Greater Mumbai(UA), Pune (UA)	Amravati (M.Corpn.), Nagpur(UA), Aurangabad (UA), Nashik(UA), Bhiwandi (UA), Solapur (M.Corpn.), Koihapur (UA), Vasai-Virar City (M. Corpn.), Malegaon (UA), Nanded-Waghala (M. Corpn.), Sangli (UA
22.	MANIPUR	--	--
23.	MEGHALAYA	--	--
25.	MIZORAM	--	--
26.	ODISHA	--	Cuttack (UA), Bhubaneswar(UA), Raurkela UA)
27.	PUDUCHERRY(PONDICHERRY)	--	Puducherry/Pondicherry (UA)
28.	PUNJAB	--	Amritsar (UA), Jalandhar (UA), Ludhiana (M. Corpn.)
29.	RAJASTHAN	--	Bikaner(M.Corpn.), Jaipur (M.Corpn.), Jodhpur(UA), Kota (M.Corpn.),Ajmer( UA)
30.	SIKKIM	--	--
31.	TAMIL NADU	Chennai (UA)	Salem (UA), Tiruppur (UA), Coimbatore (UA), Tiruchirappalli (UA), Madurai UA), Erode UA
32.	TRIPURA	--	--
33.	UTTAR PRADESH	--	Moradabad (M.Corpn.), Meerut (UA), Ghaziabad*(UA), Aligarh(UA), Agra (UA), Bareilly(UA), Lucknow (UA), Kanpur (UA), Allahabad (UA), Gorakhpur (UA), Varanasi (UA), Saharanpur (M.Corpn.), Noida (CT), Firozabad (NPP), Jhansi(UA)
34.	UTTARAKHAND	--	Dehradun (UA)
35.	WEST BENGAL	Kolkata (UA)	Asansol (UA), Siliguri (UA), Durgapur (UA)

*Only for the purpose of extending HRA on the basis of dependency.

NOTE The remaining cities/towns in various States/UTs which are not covered by classification as “X” or 'Y”, are classified as “Z” for the purpose of HRA.

Source: Download original from the Finance Ministry Website

Information on House Rent Allowance - CGDA

Information on House Rent Allowance - CGDA

Office of the CGDA, Ulan Batar Road, Palam, Delhi Cantt - 10

No.AN/III/3012/Circular Vol-VII

Dated 03-03-2017

To,
All PCsDA/PCA (Fys)/PIFAs
CsDA/CsFA (Fys)/IFAs
(Through CGDA Website)

Subject: Information on House Rent Allowance-regarding.

Please find enclosed copy of Min. of Defence, Deptt. of Expenditures, ID No.11-1/2016-IC/Pt.II dated 23.02.2017 on the subject received through MoD/D (Civ-I).

1. Ministry in their ID has stated that the committee on Allowances headed by the Finance Secretary and Secretary (Expenditure) has desired that the information relating to occupancy of Govt. Accommodation and the officers/officials HRA (not allotted Govt. accommodation) may be obtained.
2. The information in the following format has been sought for by the Ministry.

Group	Total number of employees	Number of Officers/Officials residing in Government accommodation	Number of Officers/Officials drawing HRA
A
B
C
Total

3. It is therefore, requested that the information on the format in respect of officers and staff working in your organization (including sub offices under your jurisdiction) may please be furnished on the E-mail anIII.cgda@nic.in by 03.03.2017 to enable their HQrs. Office to render the compiled report to the Ministry.

Please accord top most priority.

(Mustaq Ahmad)
Dy.CGDA (AN)

Signed Copy

HRA should be paid @ 35, 25 and 15% of pay

Agitational Programme to be held from 05.12.2016 to 09.12.2016
"HRA should be paid @ 35, 25 and 15% of pay"

BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

REF: BPMS/Cir/17th TC/ 11

Dated: 02.11.2016

To,
The President/General Secretary
Unions Affiliated to the Federation
& Office Bearers & Executive Committee Members
BPMS

Subject: Agitational Programme to be held from 05.12.2016 to 09.12.2016.

Dear Brothers and Sisters,
It is hoped that all of you are well and busy in accelerating trade union activities. Under the banner of Government Employees National Confederation, we continuously demanded for removal of anomalies related to pay fixation, bonus, income tax, recommendations of Pay Commissions but the Governments did not pay any heed to our genuine demands and it is leading discontentment amongst the employees. Therefore, Government Employees National Confederation has decided that all the constituent Federation of GENC will observe an agitation programme throughout the country from 05.12.2016 to 09.12.2016.

Being a constituent of GENC, this federation BPMS has decided that all the affiliated unions will organize agitation programme from 05.12.2016 to 09.12.2016 like Gate Meeting, Slogan Shouting, Dharna etc. On 09.12.2016 a memorandum should be submitted to their respective Heads of the establishment addressed to Hon'ble Prime Minister of India mentioning the following demands:

1. Minimum Pay should be fixed Rs 24,000/- and fitment formula should be 3.42 in place of 2.57.

2. Under MACP Scheme, 05 financial upgradation should be granted in promotional hierarchy in the service of 30 years.

3. Annual Increment should be @ 5% in place of 3%.

4. The Benchmark 'very good' should be abolished for granting of promotion, financial upgradation and annual increment.

5. The Grade pay of Group 'C' Rs 1900/- and Rs 2000/- should be merged and upgraded to Rs 2400/-.

6. HRA should be paid @ 35, 25 and 15% of pay.

7. New Pension Scheme should be scraped.

8. FDI should be scraped in Defence and Railway.

9. Bonus should be calculated on Rs 18,000/- in place of 7,000/- because minimum pay has been enhanced from 7,000/- to 18,000/-.

10. Income tax exemption limit (tax free income) should be extended to Rs 8,00,000/-.

11. The wards of employees died in harness should be guaranteed with 100% compassionate ground appointments.

Thanking you

Sincerely yours

(M P SINGH)
General Secretary

Copy to:
1 The General Secretary BMS, New Delhi
2 Shri K.N.Sharma, I/C BPMS, Lucknow For information
3 The Secretary General, GENC, Kanpur

Source: BPMS

7th Pay Commission: Higher allowances from January

7th Pay Commission: Higher allowances from January

New Delhi: The central government employees to get their higher allowances under the 7th Pay Commission recommendations from January next, the top Finance Ministry sources told today.

When asked whether the arrears would be paid too, they said, “Higher allowances will be paid with retrospective effect from August 2016 but the central government employees unions demanded for implementation of the allowances with retrospective effect from January 2016.”

“The central government employees unions wanted that House Rent Allowance (HRA) be fixed at range 10, 20 and 30 per cent of the basic linked to the classification of the town of posting when the Pay commission recommended 24%, 16% and 8% respectively of new pay matrix, the union also asked to enhance children education allowance of Rs 3,000 and hostel subsidy of Rs 10,000 with tax exempt.” the sources said.

The union also demanded inclusion of post-graduate and professional courses in children education allowance and to hike the ‘Fixed Medical Allowance to Rs 2,000 with Dearness Allowance Indexation,” they added.

The unions put their demands before the Committee on Allowances headed by Finance Secretary Ashok Lavasa, which met last Thursday.

The Union Cabinet cleared the recommendations of 7th Pay Commission in respect of the hike in basic pay and pension on June 29 but decision on its suggestions relating to allowances has been referred to the Committee on allowances as the pay commission had recommended abolition of 51 allowances and subsuming 37 others out of 196 allowances. So, there was resentment among employees over suggestions to scrap some allowances.

Fearing a jump in footfalls to deposit or withdraw cash following the demonetisation of Rs 500 and 1,000 banknotes, the Finance Ministry is likely to scale down the the higher allowances proposal.

“As people continue to suffer after demonetisation from November 9 on account of cash crunch, the Finance Minister Arun Jaitley compels to keep in abeyance the higher allowances till things normalize and it is likely to implement from January next,” Finance Ministry sources revealed.

Until acceptance of higher allowances, the allowances are now paid according to the 6th Pay Commission recommendations.

TST

Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation

Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation - reg.

NFIR
National Federation of Indian Railwaymen

No.I/5(C)/Pt.I

Dated: 04/11/2016

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub : Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation - reg.

Ref.: (i) NFIR's PNM item No.40/2012
(ii) NFIR's letter No. 1/5(c )/Part I dated 22/02/2016, 25/04/2016 & 01/08/2016
(iii) Railway Board’s Letter No.E(P&A)-II/2012/FE2/4 dated 31/10/2016.

With reference to reply received vide Board's letter dated 31/10/2016, the Federation desires to convey as follows :

(a) NFIR vide agenda item No.40/2012- last para, had demanded that condition mentioned in para 3 in Railway Board’s letter No.E(P&A)II-99/HRA-2 dated 16.03/2000 should be waived off or withdrawn.

(b) Federation also demanded that provision as mentioned in para 2 of the agenda item be made applicable to all categories of railway employees whether they belong to "Essential" or "other than Essential" categories.

It seems, the Railway Board have not examined the above issues with positive mind, taking ground reality into account with regard to availability of railway residential quarters, their condition for human occupation or otherwise. Due to total failure in maintenance of existing railway quarters on Zonal Railways, many quarters became totally outdated, unfit for occupation and overdue for demolition.

The main problem is that when the employee has vacated the quarters, he is denied HRA till the said quarter is physically occupied by another employee. This needs to be addressed.

Yours faithfully,
sd/-
(Dr. M.Raghavaiah)
General Secretary

Source: NFIR

Railway Board circular on HRA when not accepting or surrender of Railway Residential Accommodation

Railway Board circular on HRA when not accepting or surrender of Railway Residential Accommodation

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(P&A)-II/2012/F.E.2/4.

The General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi - 110 055.

New Delhi, dated 31/10/2016.

Sub.: Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation - reg.

Ref: 1. NFIR's letter No. 1/5(c )/Part I dated 22/02/2016.
2. NFIR’s letter No. 1/5(c )/Part I dated 25/04/2016.

I am directed to refer to your letters quoted above. The subject item (No. 40/2012) refers to admissibility of HRA in the event of non-acceptance or surrender of Railway residential accommodation. While this is governed by Railway Board’s letter No. E(P&A)-II/99/HRA-2 dated 16/03/2000; the Federation vide their letter No. 1/5(c) Pt. I dated 09/04/2012 had asked for review of the clause mentioned in Board’s letter ibid that HRA will not be admissible to railway employees for whom railway accommodation is specifically earmarked or to those employees, whose occupation of railway quarters is essential for easy accessibility during emergencies and efficient discharge of their duties etc. ("essential staff").

2. Subsequently, as recorded in the PNM meeting held on 30-31 January, 2014, it was explained to the Federation that wherever there is a house earmarked the employee cannot be allowed HRA. Federation contended that administration cannot deny HRA when earmarked quarters are not fit for occupation and wanted that a clarification be issued in the matter.

3. The item was further discussed by the Federation with the Board on 15/07/2015 and it was recorded as "As decided in the earlier meeting, a clarification after reviewing the matter is to be issued. Official Side stated that they propose to issue instructions in consultation with Civil Engineering Directorate. Federation stated that while they do not understand the need for a consultation with the Civil Engineering in this case, they requested the clarification be issued quickly. It was agreed to do so. The item to be closed thereafter" .

4. Accordingly, the matter had seen referred to Land & Amenities Dte. who confirmed that instructions were in place (issued vide RB/L&A No. 009/2011 dated 19/09/2011 to all Zonal Railway, PUs etc.) regarding dismantling of condemned/abandoned quarters, and that quarters declared condemned are not made available for allotment.

5. In line with the assurance recorded at para 3 above, letter No. E(P&A)- II/2012/F.E.2/4 dated 12/10/2015 was issued to all Zonal Railway and Production Units etc. that before allotment of Railway quarters, it should be ensured that such quarters are fit for occupation. Copy of this letter was also endorsed to the Federation.

6. It is, therefore, submitted that the letter dated 12/10/2015 referred to had already been issued by the time minutes of the discussions on the item held with NFIR on 8th and 9th October, 2015 were finalized/received and this was also explained in the meeting with NFIR in 18/01/2016. There has, therefore, been no deliberate violation of the assurance given to the Federation.

7. As, in terms of extant instructions, quarters unfit for occupation are not to be allotted, the question of allowing HRA against such allotment does not arise, in general. Any violation of the extant instructions can be taken up with the concerned field formation for appropriate remedial action.

Download Railway Board Circular No.E(P&A)- II/2012/F.E.2/4 dated 31.10.2016

7th CPC HRA : Allowance Committee Meeting Proposal for House Rent Allowance

7th CPC HRA : Allowance Committee Meeting Proposal for House Rent Allowance

Sources said that the Allowance Committee Meeting has finalized a proposal on HRA. It will be finalized in the Meeting held on 25th October 2016. It is said that the proposed Meeting under the Chairmanship of DOPT Secretary (P) with the Secretary Staff Side, NC (JCM) is to firm up the view on various allowances pertaining to Department of Personnel & Training.

This Meeting is conducted as per the decision of Allowance Committee Meeting held on 1-9-2016. The meeting to finalize the allowances pertaining to DOPT has been scheduled to be held on 25th October 2016.

The Reliable Sources said that the Official Side are in the view of increasing HRA by 1 Stage to reach 30% , 20% and 10% .

The pay Commission recommended HRA at the rates initially from 24%, 16%, and 8 % and whenever DA reaches 50% it will be increased to 27%, 18% and 9% and Finally after DA reaches 100% the HRA will be revised to 30% , 20% and 10% for X,Y and Z cities respectively.

The NCJCM has demanded in its Memorandum submitted to the 7th Pay Commission that 60%, 40% and 20% HRA to be recommended for X,Y and Z cities.

The Pay Commission totally ignored this demand and recommended reduction of rates from Sixth CPC. Since it is Co related with DA , it will be increased after two stages to 30%, 20% and 10% after DA reaches 50% and 100%.

The sources said that now it is proposed to start the HRA rates initially from 27%, 18% and 9% and after DA reaches 50% the House Rent Allowance will be revised to 30%, 20% and 10% for X,Y and Z cities respectively.

Source : govtstaffnews.in

Brief of the second meeting of the Committee on Allowances held today under the chairmanship of Secretary, Finance(Expenditure), Government of India

Brief of the second meeting of the Committee on Allowances held today under the chairmanship of Secretary, Finance(Expenditure), Government of India

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees

Shiva Gopal Mishra
Secretary
No.NC/JCM/2016

Dated: September 1, 2016

All Constituents of
National Council(JCM)

Dear Comrades!

Sub: Brief of the second meeting of the Committee on Allowances held today under the chairmanship of Secretary, Finance(Expenditure), Government of India

To obtain the views of the National Council(Staff Side)(JCM) on the recommendations of 7th CPC relating to Allowances, the second meeting of the Committee on Allowances held today under the chairmanship of Secretary, Finance(Expenditure), Government of India, with the National Council(Staff Side) JCM.
From the Official Side, Secretary(Defence), Home, DoP&T, Postal, Chairman Railway Board, J.S.(Estt.), J.S.(Pers.) and J.S.(IC), and from Staff Side(JCM), all the Standing Committee Members were present in the meeting.

At the outset, Secretary(Staff Side)(JCM) as well as Leader(Staff Side)(JCM) and other Standing Committee Member of the NC/JCM(Staff Side) expressed their anguish for non-formation of High Level Committee as was agreed to by the Group of Ministers(Government of India) for settling the issue of Minimum Wage and Multiplying Factor.

The Secretary, Finance(Expenditure) told that, the committee constituted under the chairmanship of Addl. Secretary(Exp.) with J.S.(Pers.), JS(Estt.) and JS(Imp.) as Members has been made only for this purpose. Let us believe that, after the meeting, report of the said committee would be sent to the Government of India for its acceptance.

The Secretary, Finance(Expenditure) asked the Staff Side(JCM) to give their viewpoint in a Note on the Common Demands to implement these, and the Departmental grievances to their respective departments, and after that, a meeting will again be called.

Staff Side(JCM) strongly demanded that, date of effect of Allowance should be 01.01.2016. The Staff Side(JCM) explained its position as well about its demand that, House Rent Allowance should be 10%, 20% and 30% and Transport Allowance must be rationalized and exempted from the Income Tax, Children Education Allowance should be Rs.3,000 and Hostel Subsidy should be Rs.10,000 and these should also be exempted from the Income Tax.

Staff Side demanded that, Post Graduate and Professional Courses should also be covered in Children Education Allowance. The issue of Special Duty Allowance was also raised for N.E. Region by the Standing Committee Members of JCM(Staff Side). Fixed Medical Allowance should be Rs.2,000 with Dearness Allowance Indexation, Over Time Allowance must be given, Small Family Allowance should be continued and Dress Allowance needs to be reviewed. Various Departmental Allowances, which have been abolished, should be allowed to continue, like Breakdown Allowance in the Railways and Fixed Conveyance Allowance to Postal Department employees. All the Standing Committee Members raised various issues related to Allowances.

This is for your information.

Comradely yours

sd/-
(Shiva Gopal Mishra)
Secretary Staff Side

Source : ncjcmstaffside

Grant of HRA at a higher rate (“B” Category) to the Central Government Servants Posted at Aizawl (Mizoram) – Court Case regarding

Grant of HRA at a higher rate (“B” Category) to the Central Government Servants Posted at Aizawl (Mizoram) – Court Case regarding

RD570050807IN

COURT-CASE
MOST URGENT

F.No.4-23/2000-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATION & IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DIVISION)/P.A.P.SECTION
DAK BHAWAN, SANSAD MARG, NEW DELHI – 110 001

DATED, THE 01ST MARCH, 2016.

TO

The Chief Post Master General
N.E.Postal Circle
Shillong – 793001

ORDER

Subject: Grant of HRA at a higher rate (‘B’ Category) to the Central Government Servants Posted at Aizawl (Mizoram) – Court Case regarding.

Central Government Employees Federation of Mizoram, General Head Quarters, Aizawl, Mizoram made a representation to the Hon’ble Prime Minister of India claiming House Rent Allowance at “B” Class City rates and Compensation in lieu of Rent Free Accommodation at the rate of 10% to the Central Government Employees Posted in Mizoram State based on the judgement passed by Supreme court of India in Civil Appeal No.2715/91-Union of India & Ors V/s Shri S.K.Ghosh & Others and Department of Posts Order No.8-40/87-PAP dated 7.3.1994 & No.4-52/98-PAP dated 27.02.1999. On rejection of their claim, the Central Government Employees posted in the State of Mizoram approached the Central Administrative Tribunal, Guwahati under O.A.No.381/2000. The Hon’ble CAT, in Para -5 of its order dated 12.04.2002 pronounced as under:-

“In view of the position enumerated above,I am of the-view that the applicants are entitled to House Rent Allowance at the rate prescribed for B class cities to the Central Government Employees which should be payable to the applicants at the rate of 15% from 1.1.1986 to 30.9.1986 and from 1.10.86 to 30.9.1986 and from 1.10.86 to 30.9.86 and from 1.10.1986 at flat rate prescribed under O.M.dated 7.8.1987 read with another O.M.dated 13.11.1987 and the Notification GSR No.623 (E) amending the Fundamental Rule 45 A with effect from 1.7.1987.

As regards the claim for compensation in lieu of Rent Free Accommodation the respondents are to act in conformity with the Office Memorandum No.12-11/60-ACC-I dated 2.8.1960,O.M.dated 23.2.1986 and 22.5.1987 and also to O.M.dated 13.11.1987. The respondents shall examine the each case on merits and thereafter shall pass necessary order in individual cases. Rent free unfurnished accommodation is admissible to Central Government Employees having all India transfer liability only those who are posted in Mizoram or HRA at the rate prescribed from time to time. Compensation and admissible HRA shall be granted to those persons who are entitled to rent free accommodation and could not be provided accommodation and the above benefit shall be granted only to the Central Government employees having all India Transfer liability and Posted in Mizoram vide letter No.11015/1/E/(B)/76 dated 31.7.1977. The respondents shall examine the individual cases and thereafter pass necessary orders in those Cases, others will not be eligible for the same.The application is allowed in part, No Costs”.

2. The Department filed WP No.2955/2003 in the Hon’ble High Court of Guwahati against the orders of the CAT dated 12.04.2002. The Hon’ble High court in its judgment dated 25.4.2003, “disposed of the appeal with the observations that the directions given by the Learned Tribunal in the last part of the judgment quoted above shall be complied with by the Central Government after taking due consideration of the observations recorded within a period of 6 Months. The High court observed that the case of each and every Central Government employee posted in the state of Mizoram will have to be taken separately and appropriate orders shall be passed thereon after such consideration in terms of OM dated 23.09.86, 19.03.87 and 13.11.87. The Hon’ble High court, however, observed that the employees posted in Aizawl Headquarters of the State of Mizoram being a “C”Class city may not be entitled to HRA as prescribed for “B” class cities.”

3. Aggrieved by the order of the Hon’ble High Court of Guwahati, the Central Government Employees filed a civil appeal No.646/2005 in the Supreme Court of India. The Supreme court stayed the operation of the judgment order dated 25.04.2003 of the high court of Guwahati in WP No.2955/2003. The Honble supreme Court of India has dismissed the civil appeal and passed the orders dated 17.07.2013 as under:-

“We have thoughtfully considered the submissions of the learned counsel. In our view, the direction given by the Tribunal, which has been confirmed by the High Court, merely ordains consideration of the cases of each employee for grant of City compensatory Allowance in accordance with O.M. dated 02.08.1960, O.M. dated 23.02.1986 and 2.5.1987 as also O.M.dated 13.11.1987 and nothing more. Therefore, the impugned order as also the one passed by the Tribunal do not call for interference by this court under Article 136 of the Constitution.

With the above observation, the appeal is dismissed.

However, it is made clear that if the Government of India has issued fresh instructions after 13.11.1987 then the cases of the respondents shall be considered in accordance with the latest instructions.”

4. Consequent upon obtaining the concurrence of Integrated Finance Wing of this Department, the, matter was referred to Ministry of Finance, Department of Expenditure for decision.

5. Ministry of Finance, Department of Expenditure has considered the matter and accorded their approval in view of the decision taken by the Department of Posts to not to file any Review petition in the matter and as the Ministry of Law & Justice has advised Department of Posts to take administrative decision for implementation of the said order of Hon’ble Tribunal, implementation of the Order dated 12.04.2002 passed by the Hon’ble CAT, Guwahati Bench in O.A.No.381/2000 for grant of House Rent Allowance at “B/Y” class cities rates, as admissible from time to time, is agreed to.

6. Since, the Department of Posts had represented the Union of India on behalf of all the respondents Ministries/Departments/Offices, the approval accorded by the Department of Expenditure, Ministry of Finance is therefore conveyed to all the Respondent Ministries/Departments/Offices for issuing appropriate instructions for compliance of orders dated 12.04.2002 of Hon’ble CAT, Guwahati Bench in respect of the employees working under their administrative control who were/are applicants in the said OA No.381/2000.

7. This has the approval of the Competent Authority.

sd/-
(K.V.Vijayakumar)
Assistant Director General (Estt.)

Source: http://aipeup3bbsr.blogspot.in/