Implementation of the recommendations of 7th CPC on Over Time Allowance (OTA) preparation a list of those staff coming under the category of Operational Staff

Implementation of the recommendations of 7th CPC on Over Time Allowance (OTA) preparation a list of those staff coming under the category of Operational Staff

F.No.52-01/2018-PAP
Government of India
Ministry of Communication
Department of Posts
(Establishment Division)

Dak Bhawan, Sanand Marg, New Delhi - 110001
Dated: 22nd January, 2019

Sub: Implementation of the recommendation of 7th CPC on Over Time Allowance (OTA) preparation a list of those staff coming under the category of 'Operational Staff' reg.

I am directed to refer to Department of Personnel and Training OM No.A-27016/03/2017- Estt.(AL) dated 19.6.2018 circulated vide letter No.52-0/2018-PAP dated 4.7.2018 on the above subject. According to the said O.M. Government has decided to discontinue OTA for categories other than Operational Staff and industrial employees.

2. As per para 1 of this OM "Ministries/Departments to prepare a list of those staff coming under the category of "Operational Staff. The following definition shall be used to define Operational Staff.
"All non-ministerial non-gazetted Central Government servants directly involved in smooth operation of the office including those tasked with operation of some electrical or mechanical equipment."

3. In this regard, it is requested to prepare a list of operational staff with full justification based on the above parameters for inclusion of a particular of a particular category of staff in the list of operational staff and submit it to this office latest by 04.02.2019.

sd/-
(D.K.Tripathi)
Assistant Director General (Estt.)

Source: Confederation

Implementation of the recommendation of 7th CPC on Over Time Allowance

Implementation of the recommendation of 7th CPC on Over Time Allowance

No.A-27016/ 03/ 2017-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Block-TV, Old JNU Campus,
New Delhi - 110067,
Date: 19th June, 2018.

OFFICE MEMORANDUM

Subject: Implementation of the recommendation of 7th CPC on Over Time Allowance - reg.

The undersigned is directed to say that as per Dept. of Expenditure's Resolution No. 11-1/2016-IC dated 06.07.2017, following is the decision of Government on Overtime Allowance (OTA):

"Ministries/Departments to prepare a list of those staff coming under the category of 'Operational Staff'. Rates of Overtime Allowance not to be
revised upwards".

2. Further it has been clarified by the Dept. of Expenditure that the Government has decided that given the rise in the pay over the years, the recommendations of the 7th CPC to discontinue OTA for categories other than Operational Staff and industrial employees who are governed by statutory provisions may be accepted.

3. Accordingly, it has been decided to implement the aforesaid decision of the Government on Overtime Allowance across all the Ministries/Departments and attached and subordinate office of the Government of India. The following definition shall be used to define Operational Staff.
"All non-ministerial non-gazetted Central Government servants directly involved in smooth operation of the office including those tasked with operation of some electrical or mechanical equipment."

4. The concerned Administration Wing of the Ministries/Departments will prepare a list of operational Staff with full justification based on the above parameters for inclusion of a particular category of staff in the list of operational staff with the approval of JS (Adnm.) and Financial Adviser of the concerned Ministry / Department.

5. The grant of OTA may be linked to biometric attendance subject to the conditions mentioned below.

a) OTA should be paid only when his/her senior officer directs the concerned employee(s) in writing for staying back in office to attend urgent nature of work.

b) The OTA will be calculated on the basis of biometric attendance.

c) The OTA for Staff Car Drivers should be linked with biometric system as normally, the designated parking is allotted in the office building. However, in cases where the parking lot is provided far from office, the Staff Car Driver would mark his/her attendance while leaving from his office and a grace time of not exceeding 2 hours should be allowed to cover the distance travelled after leaving office, including the time to drop the officer and then reaching the parking lot. In such cases, calculation can be done from log books, duly verified by the officer concerned.

d) The OTA to field officials should be calculated on the basis of biometric attendance, as normally, such officers are given facility of official transport to attend the field work. Such officers are supposed to report in office before proceeding to field. In cases, where officials are required to attend the field work directly from home, they may be extended facility of official transport from home in lieu of transport allowance and OTA may be given on the basis of the log book of that vehicle, duly verified by their senior officers.

6. Since, the Government has decided not to revise the rates of OTA, the rates as prescribed in this Department's OM dated 19th March, 1991 for Office Staff, Staff Car Drivers and Operative Staff will continue to operate subject to their fulfillment of the above conditions.

7. All the existing instructions, except lo the extent superseded by this O.M., will continue to remain in force.

8. These instructions will be applicable with effect from 01 July, 2017.

9. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller & Auditor General of India.

10. Hindi version will follow.

(Pramod Kumar Jaiswal)
Under Secretary to the Government of India

To
1. All Ministries/Departments of Govt. of India
2. NIC with a request to upload the O.M. on the website of DoPT.

Source: DoPT

Implementation of the recommendation of 7th CPC on Over Time Allowance

Implementation of 7th CPC Over Time Allowance across Ministries/Departments: DoPT OM 19.06.2018 - Download Hindi and English OM

No.A-27016/ 03 / 2017 -Estt. (AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Block-IV, Old JNU Campus,

New Delhi - 110067,

Date: 19th June, 2018.

OFFICE MEMORANDUM

Subject: Implementation of the recommendation of 7th CPC on Over Time Allowance - reg.

The undersigned is directed to say that as per Dept. of Expenditure's Resolution No. 11-1/2016-IC dated 06.07.2017, following is the decision of Government on Overtime Allowance (OTA):

"Ministries/ Departments to prepare a list of those staff coming under the category of 'Operational Staff'. Rates of Overtime Allowance not to be revised upwards".

2. Further it has been clarified by the Dept. of Expenditure that the Government has decided that given the rise in the pay over the years, the recommendations of the 7th CPC to discontinue OTA for categories other than Operational Staff and industrial employees who are governed by statutory provisions may be accepted.

3. Accordingly, it has been decided to implement the aforesaid decision of the Government on Overtime Allowance across all the Ministries / Departments and attached and subordinate office of the Government of India. The following definition shall be used to define Operational Staff.

"All non-ministerial non-gazetted Central Government servants directly involved in smooth operation of the office including those tasked with operation of some electrical or mechanical equipment."

4. The concerned Administration Wing of the Ministries / Departments will prepare a list of operational Staff with full justification based on the above parameters for inclusion of a particular category of staff in the list of operational staff with the approval of IS (Admn.) and Financial Adviser of the concerned Ministry / Department.

5. The grant of OTA may be linked to biometric attendance subject to the conditions mentioned below.

a) OTA should be paid only when his/ her senior officer directs the concerned employee(s) in writing for staying back in office to attend urgent nature of work.

b) The OTA will be calculated on the basis of biometric attendance.

c) The OTA for Staff Car Drivers should be linked with biometric system as normally, the designated parking is allotted in the office building. However, in cases where the parking lot is provided far from office, the Staff Car Driver would mark his/ her attendance while leaving from his office and a grace time of not exceeding 2 hours should be allowed to cover the distance travelled after leaving office, including the time to drop the officer and then reaching the parking lot. In such cases, calculation can be done from log books, duly verified by the officer concerned.

d) The OTA to field officials should be calculated on the basis of biometric attendance, as normally, such officers are given facility of official transport to attend the field work. Such officers are supposed to report in office before proceeding to field. In cases, where officials are required to attend the field work directly from home, they may be extended facility of official transport from home in lieu of transport allowance and OTA may be given on the basis of the log book of that vehicle, duly verified by their senior officers.

6. Since, the Government has decided not to revise the rates of OTA, the rates as prescribed in this Department's OM dated 19th March, 1991 for Office Staff, Staff Car Drivers and Operative Staff will continue to operate subject to their fulfillment of the above conditions.

7. All the existing instructions, except to the extent superseded by this O.M., will continue to remain in force.

8. These instructions will be applicable with effect from 01 July, 2017.

9. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these instructions are being issued after consultation with the Comptroller & Auditor General of India.

10. Hindi version will follow.

Sd/-

(Pramod Kumar Jaiswal)

Under Secretary to the Government of India

Grant of Overtime Allowance (OTA) to Railway employees Consequent upon revision of pay scales and allowances

Grant of Overtime Allowance (OTA) to Railway employees Consequent upon revision of pay scales and allowances

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

S.No. PC-VII/ 98
No.PC-V/2017/A/OTA/1

RBE No. 41/2018
New Delhi, dated 20.03.2018

The General Managers
All Indian Railways and Production Units.
(as per mailing list)

Sub: Grant of Overtime Allowance (OTA) to Railway employees Consequent upon revision of pay scales and allowances- date of effect.

Ref: Board's letter of even No. dated 28-11-2017 (RBE No. 175/2017)

Pursuant to the recommendations of the Seventh Central Pay Commission, the rates of OTA have been revised w.e.f. 01-7-2017 vide Board's letter of even number dated 28-11-2017 (RBE No.175/2017). The issue of revising the date of effect of OTA w.e.f. 01-01-2016 had been under consideration and it has been decided that the basic pay and DA element for the purpose of OTA may be antedated to 01-01-2016 and other elements constituting emoluments for the purpose of OTA viz. HRA and Transport allowance etc. shall be taken into account at revised rates w.e.f. 01-7-2017 as per the 7th CPC recommendations.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

3. Hindi version is enclosed.

S/d,
(Subhankar Dutta)
Deputy Director, Pay Commission-V
Railway Board

Source: NFIR

Payment of overtime Allowance (OTA) in the revised pay to the employees of Defence Industrial Establishments governed by the Factories Act, 1948

Payment of overtime Allowance (OTA) in the revised pay to the employees of Defence Industrial Establishments governed by the Factories Act, 1948

Overtime Pay in 7th CPC for Defence Industrial Establishments governed by the Factories Act, 1948 - MoD Order

Government of India
Ministry of defence
(Department of Defence)
D(Civ-II)

B-Wing, Sena Bhavan,

New Delhi, the 26 February, 2018

OFFICE MEMORANDUM

Subject: Payment of overtime Allowance (OTA) in the revised pay to the employees of Defence Industrial Establishments governed by the Factories Act, 1948.

Consequent upon revision of pay structure as per VII CPC recommendations, the matter regarding payment of OTA, as per revised pay, to the employees of the Defence Industrial Establishments under the Factories Act, 1948 has been considered in consultation with the Ministry of Labour & Employment, Ministry of Finance and Ministry of Law & Justice.

2. It has been decided that the Overtime Allowance shall be paid to the employees of the Defence Industrial Establishment governed by the Factories Act, 1948 on the basis of revised wages with effect from the date the wages have been revised i.e. 1.1.2016. The OTA on the basis of revised wages is subject to the conditions stipulated in this Ministry's OM No. 14(1)/97/D(Civ-11) dated 1st July 1998.

3. It is further added/clarified that those categories of "workers" who come within the scope of Section 64 of the Factories Act and whose basic pay exceed the wage limit, as specified in sub-section (6) of Section (1) of the Payment of Wages Act, 1936, are entitled for payment of OTA in terms of MoD OM No. 14(2)/76/D(Civ-II) dated 25.06.1983 on the basis of wage limit notionally determined. Accordingly, OTA will be paid to them on the basis of wage limit notionally determined on the basis of old pay scales until the new wage limit is defined by the Ministry of Labour & Employment based on the consumer expenditure survey published by NSSO. Thereafter, the OTA will be paid to them on the basis of new wage limit notionally determined, if the basic pay exceeds the new wage limit.

The other conditions as laid down in this Ministry's letter No. 14(1)/97/D(Civ-II) dated 1st July. 1998 shall remain unchanged

4. This issues with the concurrence of MoD(Finance/AG/PB) vide their Dy No. 1 04/AG/PB dated 15.02.2018 and after consultation with Ministry of Labour & Employment vide their ID No. Z- 16025/09/2017-ISH-II dated 13.11.2017

(Dalpat Singh)
Under Secretary to the Govt. of India
Tel. 23014675

Revision of Overtime Allowance (OTA) to Employees of Defence Industrial Establishments under Factories Act, 1948 consequent to implementation of VII CPC recommendations

Revision of Overtime Allowance (OTA) to Employees of Defence Industrial Establishments under Factories Act, 1948 consequent to implementation of 7th CPC recommendations

PC to F.No.13(3)/2016/D(Civ-II)
Government Of India
Ministry Of Defence
Department of Defence
D (Civ-II) Section

B Wing, Sena Bhawan, New Delhi
Dated, the 19th April, 2017

OFFICE MEMORANDUM

Subject: Revision of Overtime Allowance (OTA) to Employees of Defence Industrial Establishments under Factories Act, 1948 consequent to implementation of VII CPC recommendations.

The undersigned is directed to say that the issue of revision of OTA to the employees of Defence Industrial Establishments governed by Factories Act, 1948 was taken up with Ministry of Labour & Employment (MoL&E). In this connection this Ministry's file No.13(3)/2016/D(civ-II) was referred to MoL&E on 23.02.2017. However, the views/opinions of MoL&E on the matter have not been received so far.

2. It is therefore, requested that the present status of the above issue may be intimated to this Ministry.

(Pawan Kumar)
Under Secretary to the Govt of India
Tele No.23014675

Signed Copy

Non-payment of Over Time Allowance to the staffworking on Track Machines on South East Central Railway

Non-payment of Over Time Allowance to the staffworking on Track Machines on South East Central Railway.

NFIR
National Federation of Indian Railwaymen

No. I/8/Part I

Dated: 1010412017

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Non-payment of Over Time Allowance to the staffworking on Track Machines on South East Central Railway-reg.

Ref: (i) CPO, SEC Rly's letter No. P-HQ/RUL/118/2/6234 dated 24/25-02-2015 & P- HQ/RUL/118/2/767 dated 15/05/2015.
(ii) Railway Board's letter No. E(LL)/98/HER/9 dated 09/04/2015.
(iii) NFIR's letter No. i/8 Part I dated 06/06/2016.
(iv) Railway Board's letter No. 98/E (LL)HER/9 dated 24/03/2017.

Federation is disappointed to note the contents of Railway Board's letter dated 24/03/2017 wherein Board has clarified to the GM (PyS.E.C. Railway that the principle of averaging for payment of OT Allowance to the Track Machine Staff to be given effect from 1010712013, the date of issuance of Board's letter.

Federation is constrained to state that the Board has completely ignored the rule position contained in letter dated 06/07/2000,10/07/2013 & 16/06/2016 and issued wrong clarification. Federation also feels sad to convey that mere copy has been endorsed to NFIR, without mentioning NFIR's reference to Railway Board.
So far as clarification issued by Board is concerned, the Federation does not agree with the same in the light of the following facts/merits.

i) The Railway Board vide letter No. E(LL)98-HER/9 dated 0610712000 had introduced duty roster in respect of Staff working on Track Machines and laid down rostered hours of work for three weeks at a stretch followed by rest for a continuous period of one week at the Headquarters in consultation with the Ministry of labour. These instructions further stipulated that the individuals shall not be employed for more than 12 hours on any day and in respect of Overtime payment, the staff will be governed by the extant instructions under HOER i.e. principle of averaging.

ii) Subsequently Railway Board vide letters dated 09/09/2009 & 30/10/2012 had conveyed continuance of three weeks' roster at a stretch followed by continuous rest of one week at the Headquarters (valid upto September, 2015).

iii) On raising the issue relating to non-payment of Overtime to the Track Machine staff working on Zones by the NFIR at Board's level, Railway Board vide letter dated 10/07/2013 had again issued instructions that the Track Machine Staff when deployed for 3 weeks continuously followed by one week rest, the payment of overtime be regulated by the principle of averaging on four weekly basis whenever working hours exceed 192 hours and keeping in view the provisions of Board's letter dated 11/06/1974.

iv) Railway Board vide letter dated 1610612016 has again reiterated for  implementation of instructions envisaged in Board's letter dated 6/7/2000.

v) It needs to be appreciated that Board's instructions dated 06/07/2000 have neither been modified nor superseded. Therefore, payment of Overtime to the staff working on Track Machines is required to be regulated in terms of Board's instructions dated 06/07/2000 from that date and not from the date of issue of Board's letter dated 10/07/2013.

The facts mentioned above clearly establish the entitlement of overtime payment with effect from 06/07/2000 and not prospectively. Accordingly, the Track Machine Staff of South East Central Railway who have been denied Overtime payment from August 2010 by the Zonal Railway due to mis- interpretation of Rules are rightly entitled from August,2010.

NFIR therefore, requests the Railway Board to review its clarification dated 24/03/2017 and, issue fresh clarification to the Zonal Railways in general and South East Central Railway in particular for implementing instructions dated 06/07/2000 and allowing overtime payment retrospectively. A copy of the instructions issued may be endorsed to the Federation.

Source: NFIR

7th Pay Commission: Central Govt employee union calls nationwide strike on February 15, demand settlement of 21 points charter demand

7th Pay Commission: Central Govt employee union calls nationwide strike on February 15, demand settlement of 21 points charter demand

After a massive Parliament march conducted by the central government employees on December 15, the union has called again for a nationwide strike on February 15, 2017, demanding the Union Government to make an immediate settlement of their 21 points charter demands in 7th Pay Commission (7CPC). The strike has been called in a joint cooperation by several central government employees union against what they say “the betrayal and breach of assurance by Home Minister Rajnath Singh, Finance Minister Arun Jaitley and Railway Minister Suresh Prabhu”.

On 15th December a massive Parliament march was conducted in which around 15,000 central government employees from all over the states participated. In the Parliament march autonomous bodies employees and pensioners also extended their support by joining the rally. During the rally which the central government employees union view as a success also declared a one-day nationwide strike on February 15.

The strike has been announced by the National President of the Confederation KKN Kutty, Secretary General M Krishnan and several other leaders present at the rally.

According to reports, the rally condemned the authoritarian attitude of the NDA Government and also the breach of an assurance given by the trio Union Ministers to NJCA leaders who met them after the implementation of 7th Pay Commission.

What are 21 Points Charter Demands made by central government employees:

1) The central government employees union asked the government to settle the demands raised by NJCA regarding modifications of 7th Pay Commission recommendations as submitted in the memorandum to Cabinet Secretary on 10th December 2015. Honour the assurance given by the Union Ministers to NJCA on 30th June 2016 and 6th July 2016, especially increase in minimum wage and fitment factor. Grant revised HRA at the existing percentage itself ie: 30 per cent, 20 per cent and 10 per cent. Accept the proposal of the staff side regarding transport allowance. Settle all anomalies arising out of implementation of 7th CPC recommendations, in a time bound manner.

2) Implement option-I recommended by 7th Pay Commission and accepted by the Government regarding parity in pension of pre-2016 pensioners, without any further delay. Settle the pension related issues raised by NJCA against item 13 of its memorandum submitted to Cabinet Secretary on 10th December 2015.

3) Scrap PFRDA Act and New Pension System (NPS) and grant pension and Family Pension to all Central Government employees recruited after 1st January 2004, under CCS (Pension) Rules 1972.

4) Treat Gramin Dak Sewaks of postal department as civil servants, and extend all benefits like pay, pension, allowances etc. of departmental employees to GDS. Publish GDS Committee report immediately.

5) Regularise all casual, contract, part-time, contingent and Daily rated mazdoors and grant equal pay
and other benefits. Revise the wages as per 7th CPC minimum pay.

6) No downsizing, privatisation, outsourcing and contractorisation of government functions.

7) Withdraw the arbitrary decision of the Government to enhance the benchmark for performance appraisal for promotion and financial up-gradations under MACP from “GOOD” to VERY GOOD” and also decision to withhold annual increments in the case of those employees who are not able to meet the bench march either for MACP or for regular promotion within the first 20 years of service. Grant MACP pay fixation benefits on promotional hierarchy and not on pay-matrix hierarchy. Personnel promoted on the basis of examination should be treated as fresh entrants to the cadre for grant of MACP.

8) Withdraw the draconian FR 56 (J) and Rule 48 of CCs (Pension) Rules 1972 which is being misused as a short cut as purity measure to punish and victimize the employees.

9) Fill up all vacant posts including promotional posts in a time bound manner. Lift ban on creation of posts. Undertake cadre Review to access the requirement of employees and their cadre prospects. Modify recruitment rules of Group-‘C’ cadre and make recruitment on Regional basis.

10) Remove 5% ceiling on compassionate appointments and grant appointment in all deserving cases.

11) Grant five promotions in the service career to all Central Govt. employees.

12) Abolish and upgrade all Lower Division Clerks to Upper Division Clerks.

13) Ensure parity in pay for all stenographers, Assistants, Ministerial Staff in subordinate offices and in all organized Accounts cadres with Central Secretariat staff by upgrading their pay scales. Grant pay scale of Drivers in Loksabha Secretariat to Drivers working in all other Central Government Departments.

14) Reject the stipulation of 7th CPC to reduce the salary to 80 per cent for the second year of Child Care leave and retain the existing provision.

15) Introduce Productivity Linked bonus in all department and continue the existing bi-lateral agreement on PLB wherever it exists.

16) Ensure cashless medical treatment to all Central Government employees & Pensioners in all recognized Government and Private hospitals.

17) Revision of Overtime Allowance (OTA) and Night Duty Allowance (NDA) w.e.f 01.01.2016 based on 7th CPC pay scale.

18) Revision of wages of Central Government employees in every five years.

19) Revive JCM functioning at all levels. Grant recognition of the unions/Associations under CCS (RSA) Rules 1993 within a time frame to facilitate effective JCM functioning.

20) Implementation of the Revised Pay structure in respect of employees and pensioners of autonomous bodies consequent on implementation of CCS (Revised Pay) Rules 2016 in respect of Central Government employees and pensioners w.e.f. 01.01.2016.

21) Implementation of the “equal pay for equal work” judgement of the Supreme Court in all departments of the Central Government.

Source: India