Category: DA News

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Latest News of DA 2021 – Rajya Sabha Q&A

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 instalments of DA and if so, whether government would also release three instalments and, if not reasons therefore.

Answer (a&b) in view of the crisis arising out of COVID19 pandemic , the government has decided to freeze three instalments of Dearness Allowance and Dearness relief to central government employees and pensioners due from 01.01.2020, 01.07.2020 and 01.01.2021. The amount of Rs. 37530.08 crores saved on this account will help to tide over the economic impact of COVID19 pandemic.

(c) as and when the decesion to release the future instalments 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.

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DA/DR Payment 2021- Union meeting with Cabinet secretary

Many of our comrades have some confusion that, in the meeting held on 18th January 2021, the cabinet secretary ( Government of India) , had said that , freezing of DA/DR will be continued after 30th June 2021, that is not correct.

It is therefore, clarified that, during the course of discussion , he never mentioned that, freezing of DA/DR will be continued after 30th June 2021.

We therefore , hope that, DA/DR will be paid after 30th June 2021.

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Expected DA – Calculated Dearness Allowance January 2021 से महंगाई भत्ता 27%

According to earlier Series the All India Consumer Price Index (AI CPI(IW)) for September 2020 was 340 points and for October 2020 it is 344 points.Now, the Government has changed the base year for calculating the AI CPI(IW).

According to the new Series, the AI CPI(IW) for September was 118 and for October it is 119.5 points. Real impact of this change on rate of IDA will be known only on 31-12-2020 when the Labour Bureau releases AICPI for November 2020.

Anyway, nobody will get any benefit as the DA/DR is frozen till June 2021. And, On 31-12-2020 we will know how much we will be losing from January to March 2021.
The Labour Bureau has Consumer Price Index for Industrial Workers (CPI-IW) for the month of October 2020 and the index increased by 1.4 points over the month. It has to be noted that the index is based on the new CPI-IW series with the base year 2016. The index rose marginally to 5.91 per cent in October from the 5.62 per cent in September and this is mainly due to higher prices of certain food items.
The index now stands at 119.5 for October 2020 and it was 118.1 for September 2020.The Dearness Allowance for the Central Government Employees is calculated based on 12 months average CPI-IW index. For the Central public sector employees, the Dearness Allowance is calculated based on the average over the last three months.Earlier, with CPI-IW index released with the base year 2001, the DA was calculated based on the formula
(Average of the All-India Consumer Price Index (Base year -2001 =100) for the last 12 months -115.76)/115.76) x 100
However, with the new index with 2016 as the base year, this is all set to change. DA will be calculated till August 2020 based on the old series and subsequent increments will be based on the new series. The DA for the month of August 2020 remains at 26.4. So the new index maybe 26.4 plus the average CPI-IW (base 2016) over 12 months.
As the government has frozen the Dearness Allowance hike till June 30, 2021, due to the COVID 19 pandemic, there is no question of the hike before that. The DA paid currently is 17% at December 2019 rates. A 4% hike for DA from January 2020 was announced by the government but was not implemented due to the DA freeze order. However, the DA revision from July 1, 2021, will take into account these increments. Hence for illustrative purpose, based on the calculations on the CPI-IW indices over last one year, it can be said that the DA allowance form January 2021 will be approximately 27%.
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DA Freeze Court Case – PIL Dismissed

DA Freeze Court Case

Dearness Allowance Freeze Court Case – PIL Dismissed

* 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:

“

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.

3.  These orders shall be applicable to all Central Government employees and Central Government pensioners.

Sd/-

(Annie George Mathew)
Additional Secretary to
the Government of
India.”

              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.

[irp]

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 Sub-Section (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, Class-I”. 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 COVID-­19 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.

[irp]

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 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.

VIPIN SANGHI, J

RAJNISH BHATNAGAR, J

JUNE 01,2020

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सरकार के कर्मचारियों और पेंशनभोगियों के महंगाई भत्ते Freeze को दिल्ली HC में चुनौती

सरकार के कर्मचारियों और पेंशनभोगियों के महंगाई भत्ते Freeze को दिल्ली HC में चुनौती


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नई दिल्ली ।  दिल्ली उच्च न्यायालय में एक जनहित याचिका दायर की गई है, जिसमें सरकार द्वारा अपने कर्मचारियों को देय महंगाई भत्ते को मुक्त करने के निर्णय को चुनौती दी गई है। ये याचिका बहुत से व्हाट्सएप ग्रुप में भी भेजी जा रही है।

 याचिकाकर्ता ने तर्क दिया है कि किसी भी वित्तीय आपातकाल के अभाव में कर्मचारियों को बढ़ती महंगाई के लिए भत्ता से वंचित करने का निर्णय संविधान के अनुच्छेद 360 का उल्लंघन है।

Read Also : – DOP Advisory regarding splitting of AEPS Transactions.

 यह प्रस्तुत किया गया है कि वेतन का भुगतान निश्चित रूप से ‘उपहार’ का मामला नहीं है, बल्कि एक वैधानिक अधिकार है, क्योंकि यह सेवा नियमों से आता है।  याचिका में कहा गया है, “हर महीने वेतन पाने का अधिकार, भारत के संविधान के अनुच्छेद 309 से निकली सेवा शर्तों का हिस्सा है।”

 अन्यथा, याचिकाकर्ता ने तर्क दिया है, किसी राज्य के मामलों के संबंध में सेवा करने वाले सभी या किसी भी व्यक्ति के डीए को फ्रीज करना भारत के संविधान के अनुच्छेद 21 का उल्लंघन है।

 “संविधान के अनुच्छेद 21 का बहुत व्यापक अर्थ है जिसमें मानवीय सम्मान के साथ जीने का अधिकार, आजीविका का अधिकार, स्वास्थ्य का अधिकार, प्रदूषण मुक्त वायु का अधिकार आदि शामिल हैं, जीवन का अधिकार हमारे अस्तित्व के लिए मौलिक है और इसमें सभी शामिल हैं  जीवन के वे पहलू जो मनुष्य के जीवन को सार्थक, पूर्ण और जीने लायक बनाते हैं, “उन्होंने प्रस्तुत किया है।

Read Also :- Amid Coronavirus Lockdown, India Post Still Delivers—Because Nobody Else Can

 इसके अलावा, यह तर्क दिया गया है कि वेतन प्राप्त करने का अधिकार भारत के संविधान के अनुच्छेद 300 ए के दायरे में आने वाली संपत्ति है।

 याचिका में कहा गया है कि यह एक तयशुदा उपहास है जो वेतन के एक दिन के लिए भी स्थगित है, इनकार करने के लिए राशि है और वेतन प्राप्त करने का अधिकार अनिश्चित तिथि या सरकार के व्हाट्सएप पर अनिश्चित घटना के लिए नहीं छोड़ा जा सकता है।

 यह प्रस्तुत किया जाता है कि वेतन प्राप्त करने का अधिकार केवल कानून के अधिकार से वंचित किया जा सकता है।  हालांकि, आपदा प्रबंधन अधिनियम 2005 के तहत पारित कार्यकारी आदेश में वैधानिक चरित्र नहीं है।

 “कानून का अर्थ संसद का अधिनियम या विधानमंडल का अधिनियम है। या कम से कम एक वैधानिक चरित्र होने का नियम है। यहां तक ​​कि अन्यथा, आपदा प्रबंधन अधिनियम 2005 सरकार को किसी भी समय वेतन को स्थगित या अस्वीकार करने की शक्ति प्रदान नहीं करता है।”  एक आपदा, “याचिकाकर्ता ने तर्क दिया है कि केंद्र सरकार ने आपदा प्रबंधन अधिनियम की धारा 62 के तहत अपनी शक्तियों का” दुरुपयोग “किया है।”

 इसके मद्देनजर, सरकार से एक निर्देश मांगा गया है कि डीए को जल्द जारी किया जाए।  याचिकाकर्ता ने कहा, “जारी किए गए महंगाई भत्ते से यहां तक ​​कि स्वास्थ्य योद्धाओं को भी मनोबल बढ़ेगा जो हमें घातक बीमारी से बचा रहे हैं।”

 याचिका एडवोकेट हर्ष के शर्मा के माध्यम से  एन प्रदीप शर्मा के द्वारा याचिका दायर की गई है

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Government is looking for alternative solution on Dearness Allowance – News agencies

केंद्रीय कर्मचारियों का महँगाई भत्ता फ्रीज करने पर कर्मचारियों में नाराजगी बढ़ रही है जिसके चलते सरकार यूनियन के साथ जल्द ही कोई बैठक कर सकती है और महँगाई भत्ते पर शायद कोई सार्थक हल निकाला जा सकता है। क्योकि कर्मचारियों के मुताबिक उन्हें लगभग एक महीने की सैलरी से भी ज्यादा नुकसान हुआ है 
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Appeal for holding lunch your demonstration at workplaces on May Day protesting arbitrary freezing of DA / DR

Dear Comrades,
You might have gone through the instructions of the Confederation already posted in our websites and different WhatsApp groups.

As a mark of protest against arbitrary freezing of DA / DR to Central Govt. Employees / Pensioners , you are sincerely requested to hold protest demonstrations at workplaces during lunch hour on 1st May, 2020 holding placards and maintaining the social distancing norms circulated by the Govt. / Department from time to time to contain spread of COVID-19.

In addition, efforts may be taken to publish the programme of action through local dailies and electronic media’s as far as practicable. Press notes and photographs may be posted in our WhatsApp Groups ( NFPE ODISHA STATE CoC & AIPEU GROUP-C ODISHA)

Expecting your cooperation.


= B SAMAL =
Circle Secretary
NFPE ODISHA

demonstration against DA freeze
demonstration against DA freeze
demonstration against DA freeze
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Freezing of DA will hit heavily on the economic status of the employees of Postal department- SG FNPO Sent letter to Minister of Communication, Cabinet Secretary& Chairman Postal Services Board.

Freezing of DA will hit heavily on the economic status of the employees of Postal department- SG FNPO Sent letter to Minister of Communication, Cabinet Secretary& Chairman Postal Services Board.


To,
Sri Ravishankar Prasad
Hon’ble Minister of Communication
Government of India
New Delhi
Respected Sir,
          With all humility, being the Secretary General of FNPO representing the Postal employees, it is my bounden duty to bring to your kind attention about the genuine feelings and hardships of the Postal fraternity. Therefore I request the Hon’ble minister for his kind attention and request for his intervention for needful action.
          The Postal service has been enlisted as Essential Service. The country is facing the crisis which is not witnessed such crisis in the recent past. The Pandemic threatened the lives of the people and the Postal officials are no exception to it. But the Postal staff across the country rose to the occasion and working day and night for the service of the customers and the needy. The staff are following the appeal of the Hon’ble Minister and the Government of India and rendering the service. The staff is involved in payment of social security pensions at the door step of the needy, delivery food packets; food grains more importantly the delivery of medicines and Medical equipments. There is no transport in the country. No Hotels are available in any corner of the country. The Post offices are located in the interior parts of the country and the staff with no transport, arranging their own transport incurring huge expenditure has attended offices many a times without even food. The staff with minimum preventive materials, putting their lives at risk rendered and rendering service. I am grief ridden to inform that many of our staff is infected during the course of their duty and one of the officials is succumbed.
          The real shock to the Postal staff is that the decision of the Government of India freezing the DA payable from Jan 2020 to Jan 2021. As such the Postal staff is deprived of three installments of DA which will be a major financial loss to the employees. The postal staff is rendering yeoman service during this Pandemic. In this hour of crisis the Postal staff voluntarily contributed one day salary to the Prime Minister’s Cares Fund. But the staff never expected that the government deprives the DA to them. Considering the fact that the Postal staff is rendering service to the door step of the needy and customers though there is perceptible threat to their lives, the Government might have excluded postal employees from this order.  But to our dismay we are also not spared.
          In this department fifty percent of the staff is GDS. They are who reaching the nooks and corners of the country. The salary that is being paid to them is very meager. The salary slabs are in three stages ie Rs10000/, Rs12000/ and Rs 14500/. Majority of the GDS are drawing salary at the stage of Rs10000/ only. Unfortunately GDS are not eligible for any social security benefits that the respective state Governments are extending. They are having the tag of Central government employees but in real sense it is not so. Therefore the employee structure of Postal department is quiet different compared to any other department. The department renders all the banking services but still the facilities the Bank officials are getting is not available to the postal fraternity. Provided the economic conditions, the GDS pay structure and the service being rendered by the officials, my federation is of the humble opinion that the Postal Staff should have been excluded from the decision of Freezing of DA.
          I hereby convey that the Freezing of DA will hit heavily on the economic status of the employees of Postal department. The conditions of the GDS will be precarious if the little hike in terms of DA is snatched from them.
          This freezing of DA will have far reaching impact on the retirement benefits of the officials who are going to retire during this period.
          Further in the interest of the economy also it may not be correct. The world is reeling under great recession. India is no exception to it. The economists are of the firm opinion that spending is the only way out to ease out this recession. Already the buying power of the employees are crippled, if this DA freezing is implemented the employees will lose the buying power. This will have far reaching impact on the economy in the long run. Even in the larger interest of the economy it may not be correct to curb the buying power of the employees.
          The Postal employees have responded to all the challenges and rendered the service whatsoever the precarious conditions. The employees followed the call of the Hon’ble Minister and rendering service day and night. In fact my federation is grateful to the minister as the Minister has profoundly acknowledged the service of the Postal staff through various tweets and interviews to electronic and print media.
          Now on behalf of my federation I request the Hon’ble Minister to kindly intervene and take up the matter with the PMO, so that the Employees of Postal department may be excluded from the order of the Government of India of Freezing DA.
          I request the Hon’ble Minister to consider all facts and kindly cause favorable action.
Thank You Sir,
Yours faithfully,
B.Shivakumar.
Secretary General.
Copy to.
The Cabinet Secretary, Government of India, Cabinet Secretariat,
Rashtrapati Bhawan, New Delhi .
Chairman Postal Services Board Dak Bhawan, sansad Marg,
New Delhi


FNPO letter about DA Freezing to MOC



FNPO letter about DA Freezing to MOC