All about 7th Central Pay Commission for Central Government Employees. Dearness Allowance for Government Employees, CENTRAL GOVERNMENT EMPLOYEES NEWS - DOPT, DOPT Orders, Expected DA & more.
Will pending Dearness Allowance be paid to central government employees on July 1? Here you can find the most recent updates
The central government employees and pensioners will now have to wait
a bit longer as the meeting of the National Council of JCM, the
Department of Personnel and Training (DoPT) and the Ministry of Finance
(Department of Expenditure) officials have been postponed due to the
ongoing Covid pandemic.
7th Pay Commission Latest News: Central government
employees who are waiting for an announcement on Dearness Allowance and
Dearness Relief, here is a major update for you. The Central government
had in March last stated that Dearness allowance (DA) of central
employees and Dearness Relief (DR) for pensioners would be resumed from 1
July 2021. However, the central government employees and pensioners
will now have to wait a bit longer as the meeting of the National
Council of JCM, the Department of Personnel and Training (DoPT) and the
Ministry of Finance (Department of Expenditure) officials have been
postponed due to the ongoing Covid pandemic.
As per the latest updates, the meeting between the National Council
of JCM and the officials at the DoPT and the Ministry of Finance
(Department of Expenditure) to discuss the 7th central Pay Commission
matrix issue was supposed to be held on 8 May 2021. It will now happen
in the last week of May 2021.
In this pandemic time, the Central employees and pensioners are
receiving only 17 percent dearness benefit, which may increase to 28
percent, resulting in a significant increase in the 7th CPC salary.
Earlier, Anurag Singh Thakur, Minister of State for Finance, had
stated that the three instalments of dearness allowance will commence to
be paid on July 1, 2021. Thakur had also claimed in a report submitted
to the Upper House of Parliament about the payment of DA that the three
pending DA instalments of Central Government employees will be subsumed
and that the modified DA rates will take effect on July 1, 2021.
If the DA rates come into effect from July 1, nearly 50 lakh central
government employees and more than 65 lakh pensioners will benefit from
the decision of the Central government.
Dearness Allowance is an important component of salary which is a
fixed percentage of an employee’s basic salary. Likewise, the Dearness
Relief is computed with reference to basic pension or family pension of
the pensioner.
Payment of DA to Armed Forces Officers and PBORs including NCs (E)- Revised rates effective from 01/01/2017
DA to Armed Forces Officers
FAX/ E-mail/ Speed Post/ Registered Post
GOVERNMENT OF INDIA MINISTRY OF DEFENCE OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FY’S) PAY TECH SECTION 10A SK BOSE
ROAD KOLKATA 700001
Part I Office Order No. AT-01
Dated: 10/03/2021
(All Cs ) A (Fys)
Subject: Payment of Dearness Allowance to Armed Forces officers and
PBORs including NCs (E)- Revised rates effective from 01/01/2017.
A copy of Government of India, MoD letter no.1(2)/2004/D/
(Pay/Services) dated 17.04.2017 regarding payment of Dearness Allowance
w.e.f. 01.01.2017 at enhanced rate alongwith MoD ID No. 30(1)/2020/D
(Pay/Services) dated 03.02.2021 circulated under CGDA
letter bearing No. CGDA/Navy/03/ Miscellaneous/2021/Vol.] dated
24/02/2021 is forwarded herewith for implementation and necessary
action, please. It is also requested to circulate the same to all AOs
under your jurisdiction, please.
7th CPC Freezing of DA for central government employees News latest update
Freezing of DA
Dearness Allowance and Dearness Relief for Central Government Workers
as per the 7th Pay Commission Latest News – 3 Pending DA and DR
Installments to be restored from July 2021.
In a written response to a question in Parliament, Minister of State
for Finance Anurag Thakur stated that the Central Government saved more
than Rs. 37530.08 crore by freezing three installments of Dearness
Allowance and Dearness Relief. He also mentioned that beginning in July
2021, the three additional DA and DR installments would be restored.
Government of India Ministry of Finance Department of Expenditure
Rajya Sabha Unstarred Question No. 1669 To be answered on Tuesday, 9th March, 2021 Phalguna 18, 1942 (Saka)
Freezing of DA
1669: Shri Naranbhai J. Rathwa: Will the Minister of Finance be pleased to state:
a) whether freezing of Dearness Allowance (DA) to Central Government
employees/pensioners till July, 2021 has subjected them to undue
hardship;
b) if so, the reasons for not restoring DA to Central Government Employees and pensioners before July, 2021; and
c) whether Central Government employees and pensioners are not
entitled to three installments of DA and, if so, whether Government
would also release these installments and, if not, reasons therefor?
Answer
Minister of State in the Ministry of Finance (Shri Anurag Thakur)
(a,& b) In view of the crisis arising out of COVID-19 pandemic,
the Government has decided to freeze three installments of Dearness
Allowance and Dearness Relief to Central Government employees and
pensioners due from 01.01.2020, 01.07.2020 & 01.01.2021. The amount
Rs.37530.08 crores saved on this account will help to tide over the
economic impact of COVID-19 pandemic
(c) As and when the decision to release the future installments of
Dearness Allowance due from 01.07.2021 is taken, the rates of DA as
effective from 01.01.2020, 01.07.2020, and 01.01.2021 will be restored
prospectively and will be subsumed in the cumulative revised rates
effective from 01.07.2021.
January 2020, July 2020 DA & January 2021 DA Calculation
The Cabinet Committee already approved to increase 4% additional DA
from January 2020 on the basis of the Consumer Price Index (CPI). The
next installment from July 2020 is already decided to increase by 4%
additionally (However, after the approval of the Cabinet Committee only
the percentage of DA will decide!).
And another installment will also be expected to hike by 3% with effect from 1st January 2021. The below expected DA list, which is used in our software tool for your information:
1st January 2020 = Additional DA 4% (17% + 4% = 21%)
1st July 2020 = Additional DA 4% (21% + 3% = 24%)
1st January 2021 = Additional DA 4% (24% + 4% = 28%)
1st July 2021 = Additional DA 4% (Expected) (28% + 4% = 32%)
FAQ
Whether
freezing of Dearness Allowance (DA) to Central Government
employees/pensioners till July, 2021 has subjected them to undue
hardship
In view of the crisis
arising out of the COVID-19 pandemic, the Government has decided to
freeze three installments of Dearness Allowance and Dearness Relief to
Central Government employees and pensioners due from 01.01.2020,
01.07.2020 & 01.01.2021. The amount Rs.37530.08 crores saved on this
account will help to tide over the economic impact of COVID-19 pandemic
If so, the reasons for not restoring DA to Central Government Employees and pensioners before July, 2021;
In view of the crisis arising out of the COVID-19
pandemic, the Government has decided to freeze three installments of
Dearness Allowance and Dearness Relief to Central Government employees
and pensioners due from 01.01.2020, 01.07.2020 & 01.01.2021. The
amount Rs.37530.08 crores saved on this account will help to tide over
the economic impact of COVID-19 pandemic
Whether
Central Government employees and pensioners are not entitled to three
installments of DA and, if so, whether Government would also release
these installments and, if not, reasons therefor?
As
and when the decision to release the future installments of Dearness
Allowance due from 01.07.2021 is taken, the rates of DA as effective
from 01.01.2020, 01.07.2020, and 01.01.2021 will be restored
prospectively and will be subsumed in the cumulative revised rates
effective from 01.07.2021.
Payment of DA DR to Central Government employees – Confederation
Payment of DA DR to Central Government employees
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES AND WORKERS 1st Floor, North Avenue PO Building New Delhi- 110001
Ref: Confdn /Dearness Allowance
Dated – 11.01.2021
To
Hon’ble Smt. Nirmala Seetharaman Finance Minister Government of India New Delhi – 110001
Sub: Payment of Dearness Allowance to Central Government
employees and Dearness Relief to Central Government pensioners at
current rates due to improved Covid and financial situation in the
country.
Respected Madam,
Vide Office Memorandum dated 23rd April, 2020 of Government of India
Ministry of Finance , Department of Expenditure letter No.
1/1/2020-E-II-B, the additional DA for CG employees and DR for
pensioners was freezed from 1st January 2020 till 1st July 2021 due to
the reason “view of the crisis arising out of COVID-19”.
These orders are applicable to all Central Government employees and
Central Government pensioners. Which has affected both the serving
employees and pensioners and especially to those who have retired during
the period 1st Jan 2020 to 1st Jan 2021.
The Covid-19 situation in India has improved considerably and under
control with a vast population of the country are unaffected by the
Covid-19, The Covid cases in September 2020 was around 95,000 cases
daily , on 4th January 2021 is around17,000 cases which is lowest in six
months, with less mortality rate.
The economic situation in the country has also improved compared to
April- May 2020 situation, where the industrial production had gone down
to minus 57% and in October to plus 3.6 % Industrial production has
vastly improved with a recovery , the financial position of the country
has also improved considerably the GST collections has shown a
positivity in last four months.
Month
GST collection in rupees
crores
March, 2020
97,597
September, 2020
95,480
October,
2020
1,05,155
November 2020
1,04,963
December
2020
1,15,000
The Goods and Service Tax collection for December 2020 touched a
record high of Rs 1.15 lakh crore. This is the highest ever collections
since the implementation of the countrywide tax in July 2017.
The Central Government employees have attended their assigned duties
even during the pandemic situation, many have lost their sacrificed
their life for the nation building, hence there contribution should be
taken into the account.
The additional financial implication on account of this increase in
Dearness Allowance for additional 11% DA is due which works out to
13,000 crores annually, which is manageable under the existing financial
conditions , more over this will benefit about 49.93 lakh Central
Government employees and 65.26 lakh pensioners who pump this money into
the market which also improves the economy considerably and about 30% of
the amount spent is collected back by the Government by way of taxes.
The Goods and Service Tax collection for December 2020 touched a
record high of Rs 1.15 lakh crore. This is the highest ever collections
since the implementation of the countrywide tax in July 2017.
The Central Government employees have attended their assigned duties
even during the pandemic situation, many have lost their sacrificed
their life for the nation building, hence there contribution should be
taken into the account.
The additional financial implication on account of this increase in
Dearness Allowance for additional 11% DA is due which works out to
13,000 crores annually, which is manageable under the existing financial
conditions , more over this will benefit about 49.93 lakh Central
Government employees and 65.26 lakh pensioners who pump this money into
the market which also improves the economy considerably and about 30% of
the amount spent is collected back by the Government by way of taxes.
As the Covid situation is under control and economic situation in the
country has also improved considerably. Therefore, it is requested to
kindly grant Payment of Dearness Allowance to Central Government
employees and Dearness Relief to Central Government pensioners at
current rates which is 28% as on 1st January 2021.
With regards,
Yours sincerely, (R. N. Parashar) Secretary General
Request to the PM to release DA to the central government employees and DR to the pensioners
Release DA to the central government
employees
Binoy Viswam Member of Parliament (Rajya Sabha)
116, North Avenue New Delhi – 110 001 Mob: 96057667022 E-mail:
binoyviswam55@gmail.com
To
Shri Narendra Modi Prime Minister Government of India, New Delhi.
Date: 10.01.2021
Respected Shri Narendra Modi ji,
I write to bring to your attention a matter affecting the rights and
entitlements of Central Government employees in light of actions taken
by the Finance Ministry. Deviating from the decision of the Cabinet to
release 4% additional Dearness Allowance (DA) in light of the Covid-19
pandemic , the Ministry of Finance on 23rd April 2020 issued an order
for freezing of DA to the central govt. employees and DR to the
pensioners till July 2021. Effectively, these actions, amidst a
pandemic, have subjected the Central Govt. employees and pensioners to
undue financial hardship.
Successive Central Pay Commissions have dealt in detail about the
payment of DA to the Central Govt. employees and its importance to the
working conditions of Central Govt. Employees. The decision by the
Finance Ministry is in complete disregard to the rights of these workers
and the reasons for the grant of such an allowance by the Cabinet. The
dearness allowance (DA) stems from the need to protect the erosion in
the real value of basic salary on account of inflation and thereby
provides employees with the ability to deal with the ever-increasing
inflation in the country, even in their retirement. The Covid-19
pandemic has taken an unbearable toll on the lives of all people and
while many have been able to avoid the pandemic at its deadliest,
Central Govt. Employees have worked tirelessly to keep the country
moving and their service to the nation cannot be ignored. Many of these
workers have even succumbed to the deadly coronavirus.
In view of the above, I request you to kindly intervene in the matter
and reconsider the decision, since the employees who have
retired/retiring w.e.f. 01/01/2020 are not getting the benefit of the DA
increase in their terminal benefits, such as leave encashment, gratuity
etc. I once again request you to withdraw the decision taken by the
Government to freeze the 3 installments of DA due for the employees and
the pensioners and release the same to them at the earliest. The
Government must ensure that its employees are treated with dignity and
their rights are not compromised due to governmental apathy.
Yours sincerely
Binoy Viswam Leader of CPI Parliamentary Party & Secretary, National Council
Freezing of DA rates - CPSEs IDA pay scales revision guidelines at current rates till 30th June 2021
Highlights of the Freezing
IDA order:
IDA will be freezed till 30th June 2021.
IDA rate from 01.07.2020 to be continued till 30.06.2021.
From 1st July 2021,
the effective IDA rate will consider the 3 missed IDA rate of 01.10.2020, 01.01.2021, 01.04.2021.
No arrears will be paid for these 3
missed quarters (01.10.2020, 01.01.2021, 01.04.2021).
Industrial Dearness Allowances to be revised quarterly for Central
Public Sector Enterprises (CPSEs) or PSUs has been freezed by Department
of Public Enterprises under the ministry of Heavy Industries &
Public Enterprises.
Freezing of DA rates – CPSEs IDA pay scales revision till 30th June
2021
Freezing of IDA, Dearness Allowances for CPSE employees till 30th June 2021:
Freezing of Dearness Allowances to employees of Central Public Sector
Enterprises (CPSEs) drawing pay as per 2017, 2007, 1997, 1992 and 1987
IDA pay revision guidelines at current rates till 30th June 2021 order
has been issued on 19th Nov’ 20.
The ministry of Heavy Industries & Public Enterprises has already
freezed DA /DR for Central Government employees on 23.03.2020. Now,
Government of India has issued IDA freezing order for CPSE employees
too.
Government of India had released average AICPIN for the quarter
Jun’20, Jul’20, Aug’20. With these average AICPIN numbers, the IDA for
3rd PRC should have been increased by 2.52 % from October 2020 for 2017
(3rd PRC) pay scales. Similarly, the IDA from October 2020 for 2nd PRC
should have been increased by 5.55 % for 2007 (2nd PRC) pay scales. But, now these increments have been frezzed till 30th June
2021.
IDA rate calculation for 2nd PRC and 3rd PRC from 1st October 2020
From 01.10.2020, IDA will increase to 20.9 %, increased by 2.52 % for
3rd PRC or 2017 pay scale employees. For 2nd PRC or 2007 pay scale, IDA
will increase to 165.4 % increased by 5.55 % after declaration of
August AICPIN on 30.09.20.
Since, the DA increments have been freezed, so the DA from 1st OCT’20
number will be added while calculating DA from 1st July 2021.
The AICPI – IW (All-India Consumer Price Index – Industrial Workers)
is released by Labour Bureau, under Ministry of Labour and Employment,
on the last working day of every month for previous month. And based on
the consecutive 3 months, means 1 quarter, calculation of average is
done to finalize the IDA rate, which may be more or less than the
previous quarter IDA rate.
IDA for 3rd PRC from 1st October 2020 will be 20.9 %, increased by 2.52 % for 2017 pay scale.
IDA for 2nd PRC from 1st October
2020 will be 165.4 %, increased by 5.55 % for 2007 pay scale.
IDA from from 1st October 2020 is yet to be declared for 1997 pay
scale.
IDA from from 1st October 2020 is yet to be declared for for 1987 & 1992 pay scale (based on the pay-band).
AICPIN -IW of last 3 months
22.10.2020 – Sep AICPIN – 340 (118 x 2.88 = 340)
30.09.2020 – Aug
AICPI – 338
31.08.2020 – Jul AICPI – 336
Based on the AICPI-IW data, Department of Public Enterprises (DPE)
under Ministry of Heavy Industries & Public Enterprises calculates
the new IDA rate and releases the press note indicating the change in
IDA rate.
Similarly, after the release of aicpin-iw data of September 2020,
October 2020 and November 2020 by the Ministry of labour and employment,
the IDA from 1st January 2021 for PSU, CPSE and Govt. employees will be
decided for 3rd PRC, 2nd PRC etc.
Past change of IDA for CPSE employees for 2017 (3rd PRC), 2007 (2nd PRC), 1997, 1987 & 1992 with DPE letter:
The current data of IDA since 01.01.2018 for all the pay scale as
well as the historical data of all the CPSE pay scales implemented from
year 2017, 2007, 1997 and 1987 & 1982 are compiled here.
This will give you the reference to compare all the data among the
different pay scales in different times, how much differences are among
the pay scales and in same pay scale, what is the timeline of IDA
change.
Here the IDA change has been written for a quarter for all the pay
scales. These letters are issued by the DPE under MHIPE. The official
letters issued by them has been attached here in the link. Click on the
‘IDA % number’ link to fetch the official letter from the DPE website.
Revised rates of Variable Dearness Allowance Minimum Wages for Sweeping and Cleaning Worker w.e.f 1st October 2020 - Central Government Employees News
Latest Central Government Employees News
No.1/ 20(5) / 2019-LS-II Government of India Ministry of Labour & Employment Office of the Chief Labour Commissioner(C) New Delhi
Dated:12/10/2020
ORDER
In exercise of the powers conferred by the Central Government Vide Notification No. S.0.190(E) dated 19th January, 20 17 of the Ministry of Labour & Employment, the undersigned hereby revise the rates of Variable Dearness Allowance on the basis of the average consumer price index number for the preceding period of six month ending on 30.06.2020 reaching 329.16 from 324 (Base 2001-100) and thereby resulting in an increase of 5.16 points for Industrial workers and direct that this order shall come into force w.e.f. 01.10.2020.
RATES OF V.D.A.FOR EMPLOYEES EMPLOYED IN “Employment of Sweeping and Cleaning excluding activities prohibited under the Employmentof Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993″.
AREA
RATES OF V.D.A. PER DAY (IN RS.)
A
116
B
97
C
77
Rates of VDA
Therefore, the minimum rates of wages showing the basic rates and Variable Dearness Allowance payable w.e.f 01.10.2020 shall be as under :-
RATES OF WAGES PLUS V.D.A. PER DAY
AREA
Basic Wages
V.D.A.
Total
(Rs.)
(Rs.)
(Rs.)
A
523
+
116
=
639
B
437
+
97
=
534
C
350
+
77
=
427
Revised rates of VDA
The VDA has been rounded off to the next higher rupee as per the decision of the Minimum Wages Advisory Board.
The classification of workers under different categories will be same as in Part-I of the notification, whereas classification of cities will be same as in the Part-II of the notification dated 19th January, 2017. The present classification of cities into areas A, B & C is enclosed at Annexure I for ready reference.
Appeal to unfreeze the DA/DR is dismissed by Delhi High Court Order
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 3308/2020
HITESH BHARDWAJ ….. Petitioner
Through: Dr. Pradeep Sharma with Mr. Harsh,
Advs.
versus
MINISTRY OF FINANCE, UNION OF INDIA AND ANR
….. Respondent
Through: Mr. Jasmeet Singh, CGSC.
Ms. Shobhana Takiar, ASC, GNCTD.
CORAM HON’BLE MR. JUSTICE VIPIN SANGHI HON’BLE MR. JUSTICE RAJNISH BHATNAGAR
O R D E R
01.06.2020
CM APPL. 11606/2020
Exemption allowed, subject to all just exceptions.
The Court fees be paid within a week.
The application stands
disposed of.
W.P.(C) 3308/2020
The present writ petition has been preferred in public interest seeking following reliefs:
a) Issue a Writ of Mandamus or any other appropriate Writ, order
or direction to the Respondents to withdraw the notification issued by
the Ministry of Finance, Government of India b) Issue a
Writ of Mandamus or any other appropriate Writ, order or direction to
the Respondents to withdraw the endorsement against the notification,
issued by the Ministry of Finance, Government of NCT of Delhi. c)
Issue a Writ of Mandamus or any other appropriate Writ, order or
direction to the Respondents to defreeze and release the enhanced
Dearness Allowance to the Central Government Servants and pensioners as
per norms. d) Issue a Writ of Mandamus or any other
appropriate Writ, order or direction to the Respondents to defreeze and
release the enhanced Dearness Allowance to the Government Servants and
pensioners of GNCTD as per norms.”
The respondent no. 1/Union of India issued an Office Memorandum dated
23.04.2020 which is the cause for the petitioner’s grievance in the
present writ petition. The said Office Memorandum reads as follows:
The petitioner is also aggrieved by the consequent order issued by
respondent no. 2/GNCTD dated 24.04.2020, whereby the GNCTD has followed
suit in terms of the Office Memorandum dated 23.04.2020 issued by
respondent no. 1. The Office Memorandum dated 23.04.2020, in effect,
conveys the decision of the Central Government that Dearness Allowance
due to the Central Government Employees and Dearness Relief due to the
Central Government Pensioners from 01.01.2020 shall not be paid. It also
states that additional installment of the Dearness Allowance and
Dearness Relief due from 01.07.2020 and 01.01.2021 shall also not be
paid. Pertinently, Dearness Allowance and Dearness Relief at the current
rates would continue to be paid. The said Office Memorandum further
states that as and when the decision to release future installment of
Dearness Allowance and Dearness Relief due from 01.07.2021 is taken by
the Government, rates of the Dearness Allowance and Dearness Relief as
effective from 01.01.2020, 01.07.2020 and 01.07.2021 will be restored
prospectively, and will be subsumed in the cumulative revised rate
effective from 01.07.2020. No arrears from the period 01.01.2020 till
30.06.2021 shall be paid.
The first submission of the petitioner is that Central Government
Employees and Central Government Pensioners have a vested right to
receive the enhanced Dearness Allowance/ Dearness Relief which has
already been declared effective from 01.01.2020. The said increase was
declared at 4%. The petitioner also claims that such employees and
pensioners also have vested right to continue to receive enhancement in
Dearness Allowance/ Dearness Relief on and from 01.07.2020 and
01.01.2021.
To examine the merit of this submission, we may refer to the All
India Services (Dearness Allowance) Rules, 1972. These statutory rules
have been framed by the Central Government after consultation with the
Government of the States concerned in exercise of powers conferred by
SubSection (1) of Section 3 of All India Services Act,1952. Rule 3 of
the said Rule is relevant and which reads as follows:
“3. Regulation of dearness allowance:
Every
member of the Service and every officer, whose initial pay is fixed in
accordance with sub-rule (5) or sub-rule (6A) of rule 4 of the Indian
Administrative Service (Pay) Rules, 1954 or sub-rule (5) of rule 4 of
the Indian Police Service (Pay) Rules, 1954 or sub-rule (6) of rule 4 of
the Indian Forest Service (Pay) Rules, 1968, shall be entitled
to draw dearness allowance at such rates, and subject to such
conditions, as may be specified by the Central Government, from time to
time, in respect of the officers of Central Civil Services, Class I.”
(emphasis supplied)
From the above Rule, it would be seen that Central Government servants shall be entitled to draw Dearness Allowance “at
such rates, and subject to such conditions, as may be specified by the
Central Government, from time to time, in respect of officers of the
Central Civil Service, ClassI”. We may notice that there is no
other statutory rule brought to our notice relating to payment of
Dearness Allowance or Dearness Relief and it appears that the said Rule
governs the payment of Dearness Allowance and Dearness Relief to
Government servants and Government Pensioners of the Union in respect of
all the classes of employees.
The above rule shows that the entitlement to draw Dearness Allowance
and Dearness Relief is determined by the Central Government. The same
may be specified by the Central Government from time to time, subject to
whatever conditions the Government may deem fit to impose.
From the above Rule, it is clear to us that, firstly, there is no
statutory rule which obliges the Central Government to continue to
enhance the Dearness Allowance or Dearness Relief at regular intervals
i.e. to revise the same upwards from time to time. Consequently, there
is no vested right in the Central Government Employees, or Central
Government Pensioners to receive higher Dearness Allowance or Dearness
Relief on regular intervals.
Pertinently, by the impugned Office
Memorandum, the Central Government has frozen – and not withdrawn, the
Dearness Allowance and Dearness Relief being paid to Central Government
Employees and Central Government Pensioners at the time of issuance of
the said Office Memorandum.
So far as the submission with regard to increase of 4% Dearness Allowance or Dearness Relief with effect from 01.01.2020
is concerned, the impugned Office Memorandum does not seek to take it
away. All that it does is to postpone its payment till after 01.07.2021.
That power, in our view, resides with the Central Government, by virtue
of Rule 3 of the All India Services (Dearness Allowance) Rule, 1972,
since the Central Government is empowered to take the decision to make
payment of Dearness Allowance / Dearness Relief, subject to such
conditions as the Central Government may specify from time to time.
The submission of learned counsel for the petitioner is that the
Central Government in the impugned Office Memorandum has referred to
COVID19 pandemic as the reason for its decision contained in the said
Office Memorandum. However, the impugned Office Memorandum has not
been issued by the competent authority under the Disaster Management
Act. We do not find merit in this submission. The provisions of the
Disaster Management Act are not the only repository of the power of the
Government to take action in the light of the pandemic. As noticed
above, the power to determine as to how much Dearness Allowance is to
be paid, i.e. at what rates, and subject to what condition, resides
with the Central Government by virtue of Rule 3 of All India Services
(Dearness Allowance) Rules, 1972. Merely because the said impugned
Office Memorandum makes reference to the COVID-19
pandemic, it does not follow that the only provision which the
respondents could have invoked are those contained in the Disaster
Management Act. The Central Government, by referring to COVID-19
pandemic in the impugned communication, has merely provided its reasons and justification for its decision contained in the said Office
Memorandum.
The next submission of the learned counsel for the petitioner is that
the impugned Office Memorandum is also in violation of Article 360(4)
(a)(i) of the Constitution of India. Article 360 of the Constitution of
India contains the provision as to financial emergency, and it provides
that if the President is satisfied that a situation has arisen whereby
the financial stability of credit in India or any part of the territory
thereof is threatened, he may, by a proclamation make declaration to
that effect. The submission is that President of India has not declared
financial emergency. The further submission is that it is only during
financial emergency declared by the President, that by virtue of
Sub-Article 4(a)(i) – a provision could be made requiring reduction of
salaries and allowances of all or any class of persons serving in
connection with the affairs of the State. Since no financial emergency
has been declared, the Office Memorandum in question could not have been issued which is referable to Article 360(4)(a)(i) of the Constitution
of India.
We find this submission to be completely misplaced. This is for the
reason that Article 360(4)(a)(i) deals with a situation where the
Government seeks to reduce the salary or allowance of all, or any class
of persons, serving in connection with the affairs of the State. In the
present case, the Office Memorandum does not seek to reduce either the
salaries or allowances, which includes Dearness Allowance and Dearness
Relief in respect of serving Government servants, or its pensioners. All
that it does is to freeze the payment of Dearness Allowance and
Dearness Relief at the pre-existing level, and to put in abeyance any
increase in Dearness Allowance and Dearness Relief till July, 2021. The
said freeze does not tantamount to reduction of either salary, or
allowances, of persons serving in connection with the affairs of the
State.
The further submission submission of learned counsel for the
petitioner is that the Office Memorandum could not have been issued by
mere issuance of an office order, and the same should have been either
framed as a statutory rule, or by issuing a gazette notification. We do
not find any basis for this submission. We have noticed Rule 3 of the
All India Services (Dearness Allowance) Rules, 1972. The said Rule does
not state that the Central Government can form, or communicate, its
decision with regard to entitlement to draw Dearness Allowance, subject
to conditions, only by framing another rule, or by a gazette
notification. There is no such requirement in law. Therefore, we do not
find any merits in this submission as well.
So far as the right to receive the increase of Dearness Allowance /
Dearness Relief already declared by the Government with effect from
01.01.2020 is concerned, it falls well within the domain of the Central
Government to decide as to when to disburse the said increase. There is
no obligation in law upon the Central Government to disburse the
increase in Dearness Allowance/ Dearness Relief within a time bound
manner. Rule 3 of All India Services (Dearness Allowance) Rules referred
to above, itself empowers the Central Government to lay down the
conditions subject to which Dearness Allowance may be drawn by officers of Central Government.
For the aforesaid reasons we do not find any merit in this petition and the same is, accordingly, dismissed.
INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION
(Estd. 1965, Regd. No.1329) Website http://irtsa.net
CHq. 32, Phase 6, Mohali,
Chandigarh-160055.
No:IRTSA/CHQ/Memo. 2020-3
Date: 30.4.2020
Smt. Nirmala Sitharaman,
Hon’ble Minister for Finance,
Government of India,
North Block, New Delhi-110001.
Respected Madam,
Subject: Freezing of Dearness Allowance to Central Government employees and Dearness Relief to Central Government pensioners at the
current rates till July 2021 - Appeal for review of decision; And Grant of option to credit the Additional DA to Provident Fund
Ref: Ministry of Finance, Department of Expenditure OM No.1/1/2020-E-II (B), dated 23-04- 2020
1) Indian Railways Technical
Supervisors Association (IRTSA) extends its fullest support and cooperation to the Government of India in its all-out effort to control
COVID-19 pandemic.
Railway men are working on the forefront risking their lives to keep freight & parcel services operational for ensuring uninterrupted supply
of essential commodities across the country. Indian Railways have taken up many special tasks to fight against COVID-19 pandemic.
2) Railways’ and other government employees and pensioners have contributed generously to PM CARES for the fight against COVID-19.
3) It is, however, very disheartening that the Government has decided, as per the order cited above, that the DA/DR is frozen and would not be
revised up to July 2021; and that no arrears will be paid. This has adversely affected the morale of the employees.
4) DA is a part of Pay, compensating for the erosion in the real value of the salary. DA can only be deducted either as a punitive measure or
with the consent of the employees.
5) Assuming 4% additional DA & DR for each of 3 spans of six months, the total loss of employees and pensioners would be over 1.5 months of
Pay & Pension and possibly even more than that, if the inflation is higher than 4 % in the next 2 spans.
6) Freezing of DA will also delay the
revision of HRA rates since as per decision of the Government on 7th CPC, whenever DA crosses 25%, rates of HRA will be revised.
7) It will also cause additional heavy loss to the employees who retire between 1-1-2020 to 30-6-2021 in terms of Gratuity and Leave encashment
as the DA is counted for the same.
8) We fully realize that a lot of funds are required to combat the social & economic impact of COVID. But freezing the DA & DR would be
counter-productive, as freezing this huge amount would give a further blow to the market as well as to the employees and the pensioners since
the amount paid as DA and DR will actually flow out to the market. This will help boost the sagging economy in post-COVID times.
9) Government had advised all private sectors to pay their employees for the lockdown period. Government, as a model employer should set an
example by not making any cut in the pay & allowances of its own employees.
10) Lower and middle class employees and pensioners are hard pressed to meet their liabilities due to heavy inflation which is bound to increase
in the post-COVID-19 scenario especially in respect of cost of Medicines and household requirements.
11) In the past,when funds were required for a National calamity like War, Floods or Cyclones etc., DA installments were deposited in the
Provident Fund with the consent of the employees. It was never frozen as of now.
12) It is, therefore, requested that, keeping in consideration all the above aspects, the following proposals may please be considered
sympathetically to avoid heart burning amongst employees and pensioners:
Order for freezing of Dearness Allowance and Dearness Relief may please be withdrawn.
Instead option may please be given to Employees for crediting of the amount of Additional DA to their Provident Fund in case of pre-1-4-2004
employees and to the Pension Fund (Tier 2) in case of those covered under the NPS.
Employees and pensioners may be encouraged to invest in Infrastructure Bonds etc. by increasing the ceiling limit thereof. This would
provide the government with the requisite funds and the employees will not be at a loss in the long run.
Thanking you
Yours faithfully,
(HARCHANDAN SINGH)
General Secretary.
All Members of the Association
(Designated Officers)
Dear Sir/ Madam,
Dearness Allowance for Workmen and Officer Employees in banks for the
months of May, June & July 2020 under X BPS/ Joint Note dated
25.5.2015
The confirmed All India Average Consumer Price Index Numbers for
Industrial Workers (Base1960=100) for the quarter ended March 2020 are
as follows:-
January 2020 – 7532.55 February 2020 – 7486.90 March 2020 – 7441.24
The average CPI of the above is 7486.90 and accordingly the number of
DA slabs are 761 (7486 – 4440= 3046/4= 761 Slabs) The last quarterly
Payment of DA was at 759 Slabs. Hence there is an increase in DA slabs
of 2 i.e. 761 Slabs for payment of DA for the quarter May, June &
July 2020
In terms of clause 7 of the 10th Bipartite Settlement dated
25.05.2015 and clause 3 of the Joint Note dated 25.05.2015, the rate of
Dearness Allowance payable to workmen and officer employees for the
months of May, June & July 2020 shall be 76.10 % of ‘pay’. While
arriving at dearness allowance payable, decimals from third place may
please be ignored.
IN THE HON'BLE SUPREME COURT OF INDIA AT NEW DELHI.
PIL DATED 24th APRIL 2020 via Email regarding payment of DA or PIL DATED 24th APRIL 2020 via email regarding payment of DA or Dearness allowance with effect from 1st January 2020 atleast to veterans and to all employees if possible
Major Onkar Singh Guleria Retired, a Senior Citizen and CANCER PATIENT, aged 69 years, son of Late Shri Kikar Singh Guleria resident of village Jachh PO Jassur Tehsil Nurpur Distt Kangra Himachal Pradesh 176201.
VERSUS
Union of India through Secretary Finance Govt of India New Delhi 110011.
Union of India through Secretary Home Govt of India New Delhi 110011.
BEFORE CHIEF JUSTICE AND ALL HIS COMPANION JUSTICES OF SUPREME COURT OF INDIA TO DIRECT UNION OF INDIA TO PRACTICE WHAT PRIME MINISTER OF INDIA PREACHES TO 130 CRORES DESHWASI AND DEFREEZE DA or dearness allownce by paying with effect from 01st January 2020 to Veterans atleast if not to employees.
MOST RESPECTFULLY SHOWETH,
1. That the applicant a CANCER PATIENT, disabled of right foot and also suffering from hypertension and a Senior Citizen with no home but living in a rented building in my last span of life and also to take care of wife a senior citizen suffering from various ailments and my only source of income is my monthly military pension of the rank of Major that too on reduced scale. I and lakhs of Veterans are aggrieved by arbitrary act of Union of India through Secretary Finance Govt of India New Delhi who were committed to pay arrears of DA or dearness allowance in first week of April 2020 but purposely not payed and on 20th April 2020 has FREEZED "DA or dearness allowance" retrospectively with effect from 01st January 2020 to cause us Veterans an irreparable loss that too at a time when Pandemic of COVID 19 VIRUS (China Originated Virus in December 19) has been commiting genocide in entire world and we to survive honourably need every paisa due to us from Govt of India. I attache arbitrary orders of freezing of DA or dearness Allowances dated 20th April 2020 of Secretary Finance Govt of India as ready referance for the Hon'ble Court.
2. That DA or dearness allowance can be basically understood as a component of salary, aimed at hedging the impact of inflation. The DA or dearness allowance is calculated as a specific percentage of the basic salary which is then added to the basic salary. PENSION received by a retired individual is considered as salary and taxed as, income from salary. Generally whatever is received from the employer in cash including DA or dearness allowance is treated as salary.
3. That the Union of India itself after studying the impact of inflation had announced increased instalment of DA or dearness allowance with effect from 01st January 2020 and promised to pay its employees and Veterans receiving pension in first week of April 2020 which was illegally and arbitrarily withheld and as a afterthought issued malafied orders dated 20th April 2020 ordering of freez of DA or dearness allowance retrospectively from 01st January 2020. It has come as a big blow especially to pensioners at a time when all veterans are more vunerable to catching COVID 19 VIRUS (China Originated Virus in December 19 ) as being daily advocated by Prime Minister of India and all functionaries of Union of India and Doctors through media and advisory letters in black and white. When Union of India is doling out financial package after package from announced budget of 2020-21 in Parliament and later various stimulous financual packages gìven and planning to give to business houses for whom at drop of hat the Political and Administrative Governments of whom many are directly or indirectly associated with industry then huge financial stimulous is being passed even during this national rather international calamity of COVID 19 ( CHINA ORIGINATED VIRUS IN DECEMBER 19), Whereas, petty amount for Union of India but it is a large amount for its employees and Retired personnels who in last span of life are undergoing various hardships is being denied by freezing "DA or dearness allowance" that too retrospectively wef 01st January 2020. This arbitrary and illegal mechanical step of Union of India without applying mind must be struck down immediately and all beneficairies paid their legitmate authorised "DA or dearness allowance" wef 01st January 2020 and continued to be paid. Even Union of India has taken care of other classes of India but subjected the "MIDDLE CLASS" to this horible torture by freezing its "DA or dearness Allowances"at a time when we need every paisa in our last span of life. We by cutting our legitimate expenses have even made small contribution to "PM CARES FUND" which so far is not transparent.
4. Then why does Prime Minister of India preaches to look after Senior citizens, not to cut salary when his own Govt is doing it. Atleast the Union of India must practice what its Prime Minster preaches.
5. Copy if this P.I.L., is being sent to all concerned by mail and all Chief Ministers are also requested to pay "DA or dearness Allowances" wef 01st January 2020 to their employees and Retired personnels."HAVES"Political and Administrative class and affluent families are nit in touch with reality. A prominent singer is heard on TV asking 130 Crore Deshwasi to donate atleast Rs.100 Per person to make it Rs13000Crores donations. Madam there are many who have not seen or handled Rs.100 note in their entire life. Then if five of family members donate then amount comes to Rs.500/- which is equivalent to one month amount given to BPL Families by Govt of India. Madam have a heart and producers allowing her to speak this in print media has never applied mind to these ground realities. Sad, how insensitive are our "HAVES"Class!
RELIEFS SOUGHT WITH SPEAKING ORDERS.
6. In the given premises it is respectfully prayed that the Hon'ble Court be pleased to direct Union of India through Secretary Finance Govt of India New Delhi and Secretary Home Govt of India to:
(A) Pay immediately "DA or dearness Allowances" to all employees and Retired personnels and same be done by respective States and Union Territories of India.
(B) Union of India be directed to immediately stop various financial stimulous package being given or are being planned to be given in near future to business houses as after freezing "DA or dearness Allowances" Union of India admits that financial health of the Nation is not sound and healthy. More over these business houses are directly or indirectly related to all Political class who like to enjoy all benefits even in national calamities. Some are seen distributing Govt or public donations of food etc to poor to ensure their own stamp on it. India with Lockdown has gone back to "SATJUG" in many ways and air and water is purified and need of the hour is purification of "HAVES", i.e., the Political cum business class. Union of India must practice what Prime Minister of India preaches to look after senior citizens and not to cut salary.
CITU opposes the freezing of Dearness Allowance for Central Govt Employees
CENTRE OF INDIAN TRADE UNIONS (CITU)
CITU DENOUNCES CENTRAL GOVT DECISION TO FREEZE AND CONFISCATE INCREASE IN DEARNESS ALLOWANCE FOR CENTRAL GOVT EMPLOYEES AND PENSIONERS
The Centre of Indian Trade Unions denounces the Central Govt’s decision to freeze, rather confiscate the increase in Dearness Allowance payable to Central Govt employees and pensioners falling due from January 2020 and also future dues, falling due on July 2020 and January 2021 on the plea of financial crisis arising out of COVID 19 vide Finance Ministry Order no 1/1/2020-E-II(B) dated 23rd April 2020.
No doubt, the country has been passing through a financial crisis but why should the workers and employees be made the sacrificial item for the same who themselves suffer most owing to Covid-19 followed by lockdown. Quite a number of employees are deployed and consequently are involved in various governmental activities and services meant to combat the spread of the pandemic Covid-19 especially of those departments declared as emergency services viz, health, postal, defence, railways etc. While taking such decision Govt did not bother to consult the unions and federations of the central govt employees, displaying rabid authoritarianism.
CITU strongly urges that response to financial crisis by the central govt must start with measures to garner resources where it is there aplenty at the disposal of handful of ultra rich class. As Per OXFAM Report, combined wealth amassed by only 63 billionaires in India is more that the total Union Budget in 2018-19 which was at Rs 24, 42, 200 crore. Top 10% of population cornered 77% of national wealth. Wealth of India’s richest 1 per cent is 4 times more than the bottom 70%. Govt must tap this huge accumulation of wealth with barely 5% of ultra-rich, amassed mostly through undue and illegitimate patronization of the economic policy regime, through appropriate direct taxation/wealth tax measures instead of brutally pouncing on the working peoples’ earnings and livelihood. And this right is vested with the Central Govt only
CITU strongly condemns this retrograde decision of the Central Govt to confiscate outright the legitimate dues of the employees and pensioners on account of increase in DA till January 2021, although prices of all essentials will continue to increase to further increase the profit of the big-business / corporate.
CITU demands withdrawal of this DA Confiscation order by the central government also demands that the state governments be extended financial help to enable continuity of variable DA payment to their employees. CITU calls upon the Govt employees’ movement in particular and the trade union movement in general to unitedly oppose this retrograde anti-worker measures.
Confederation firmly condemns and rejects central government's unilateral decision. We call on the Government to urgently reconsider the decision and revoke the freezing orders for DA & DR.
CONFEDERATION OF CENTRAL GOVT EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi - 110001
Website: www.confederationhq.blogspot.com
Email: confederationhq@gmail.com
President
RAVI NAIR
9718686800
Secretary General
R.N. PARASHAR
9969234999
No. Confd./DA-Covid-19/2020
Dated: 24.04.2020
CONFEDERATION OF CENTRAL GOVT EMPLOYEES AND WORKERS STRONGLY OPPOSE DA & DR FREEZING
Central Government’s decision to freeze three instalments of Dearness Allowance (DA) of Central Government Employees and Dearness Relief (DR) of Pensioners from 01.01.2020 to 30.06.2021 is a severe and unexpected blow to the Central Government Employees and Pensioners. Already most of the Central Government employees and Pensioners have contributed one day’s salary and Pension to PM CARES Fund.
Confederation strongly oppose and protest the unilateral decision of the Central Government. We demand the Government to review the decision immediately and withdraw the DA & DR freezing orders.
Confederation CHQ is in touch with National Council (JCM) Staff Side Secretary and other leaders. Efforts are being made to arrive at a united stand and convey the same to Government through Secretary, JCM Staff Side. Detailed statement of Confederation will be issued shortly.
R.N.PARASHAR
sd/-
Secretary General
Confederation of CGE& Workers
The freezing of Dearness Allowance would have a serious effect on Central Govt Employees HRA. Pursuant to recommendations from the 7th CPC and as approved by the Govt.The HRA rates in "X" cities will be revised from 24% to 27% and in "Y" cities from 16% to 18% and in "Z" cities from 8% to 9%.
No.NC-JCM-2020/CS/PM April 23, 2020
The Cabinet Secretary
Government of India,
Cabinet Secretariat
Rashtrapati Bhawan,
New Delhi
Sub: Protest against freezing of Dearness Allowance to Central GovernmentEmployees and Dearness Relief to Central Government Pensioners.
Ref: Department of Expenditure OM No.1/ 1/2020-E-ll(B), Dt: 23/04/2020
Dear Sir,
The constituent organizations of the National Council (JCM) are very much shocked to note the arbitrary decision taken by the Government to freeze the DA to Central Govt.Employees and Dearness Relief to the Central Govt. Pensioners up to 30/06/2021. Before taking such a major policy decision the Govt. has not bothered to consult the staff side of the NC(JCM) and without even hearing the views of the staff side, the decision taken especially on a policy matter which effects the wages of the employees and the pension of the senior citizens is against the spirit of the JCM scheme. The entire 48 lakh Central Govt. Employees (including Armed Forces Personnel) and the 65 lakh Pensioners are very much disappointed against the most drastic decision taken by the Govt. against is own employees.
The Central Govt. and State Govt. employees are the one who are playing their front line role in the fight against COVID-19 Virus, by taking all risk and working in the field exposing themselves without any sufficient Personal Protective Equipment. The Railway employees, Defence Civilian employees, Postal employees and all other Central Govt. employees have already contributed their one day wages to the PM-CARES Fund. The Ordnance Factory Employees have contributed their two days wages, In the Railways , Employees belonging to different categories are deployed for various activities such as PW Tracks, signaling, Electrical and Mechanical assets, cenrunning freight trains, parcels special trains, Transport essential goods etc. Almost all the Central Government Departments are involved in one or other activities during the entire lockdown period. The Ordnance Factory Employees are directly involved in manufacturing of various Protective Equipment required for the Doctors, Nurses & Health Care Workers and for other Civil Authorities. Ignoring all these contribution of the Govt. Employees, the Govt. is targeting them on the plea of crisis arising out of COVID- 19?.
The Staff side of the National Council (JCM) is of the first view that the 48 Lakh Central Govt. Employees (including Armed Forces Personnel) and 65 lakh Pensioners do not deserve such a treatment from the Government.
A part from that many of all our affiliates of JCM Staff Side have contributed to PM-CARES Fund crores of rupees. As well as they are providing shelter, Food , Transport etc to mitigate the problem of poor employees I workers who have lost their job and everything in this Lockdown.
Moreover the freezing of DA will have a serious impact of the HRA of the Central Govt. employees. In accordance with 7th CPC recommendations and as approved by the Govt. the HRA rates will be revised from 24% to 27% in “X” cities, and from 16% to 18% in “Y” Cities and 8% to 9% in “Z” cities.
The manner in which the price for the essential commodities are rocketing sky high, DA is expected to cross 25% from 01/07/2020 on wards. Since the DA is freezed the employees will loose this hike in the HRA also.
You will appreciate that the Pensioners who are senior citizens are most vulnerable in the fight of the COVID-19 virus and any stoppage of DA in their case at this juncture is not an appreciable decision on the part of the Government.
The decision of the Govt. has subjected the Central Govt. Employees and the Pensioners to unnecessary financial hardship and mental agony when they all are on the field fighting from the front line against the spread of COVID-19 Virus through various official activities.
Therefore we request you to convey our feelings to the Hon’ble Prime Minister and also our request to reconsider the above decision of the Govt. and withdraw the same, so as to motivate the Central Govt. employees to perform their responsibilities, especially in this crisis period.
No. 1/1/2020-E- II(B)
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi
Dated the 23rd April, 2020.
OFFICE MEMORANDUM
Subject : Freezing of Dearness Allowance to Central Government employees and Dearness Relief to Central Government pensioners at current rates till July 2021.
The undersigned is directed to say that in view of the crisis arising out of COVID-19, it has been decided that the additional installment of Dearness Allowance payable to Central Government employees and Dearness Relief to Central Government pensioners, due from 1st January 2020 shall not be paid. The additional installments of Dearness Allowance and Dearness Relief due from 1st July 2020 and 1st January 2021 shall also not be paid. However, Dearness Allowance and Dearness Relief at current rates will continue to be paid.
2. As and when the decision to release the future installment of Dearness Allowance and Dearness Relief due from 1st July 2021 is taken by the Government, the rates of Dearness Allowance and Dearness Relief as effective from 1st January 2020, 1st July 2020 and 1st January 2021 will be restored prospectively and will be subsumed in the cumulative revised rate effective from 1st July 2021. No arrears for the period from 1st January 2020 till 30th June 2021 shall be paid.
