Ref:
Confdn/Transport Allowance Dated – 08.07.2020
To
The
Cabinet Secretary
Government
of India
Rashtrapati
Bhawan
New
Delhi- 110 001
Sub:
- Payment/Settlement of Transport Allowance to the Employees of National
Library, Kolkata.
Sir,
On
the recommendations of the V CPC, Transport Allowance was introduced subsuming
CCA W.e.f 1st January,
1997. After two revisions at par recommendation of VI and VII CPC, at present,
admissibility of Transport Allowance
under different conditions viz. Leave, Deputation, Tour and Suspension etc. is
regulated under G.O.I, Min. of Finance, Dept. of Expenditure OM No.
21/5/2017E.II (B) dated 07.07.2017, as par Para
3(a) the Allowance will not be admissible for the calendar month(s) wholly
covered by leave.
Incidentally
it may kindly be noted that Govt. of India, Min. of Finance, Dept. of
Expenditure has not yet clarification of “leave” as in the OM dated 17.07.2017
in the context of changed situation. Under normal dispensation Dept. of
Expenditure is the competent authority to clarify/interpret or modify and
provision relation to Transport Allowance.
On
scrutiny of various OMs issued on different dates by MHA containing Guidelines,
Advisories and Standard Operation Procedure as part of measures for containment
of COVID-19, it is revealed that Offices of the Govt. of India, its Subordinate
Offices other than exempted category are to function with 100% attendance of
Deputy Secretary and levels above that. Remaining officers and staff are to attend
up to 33%. Moreover, above guideline is subject to strict adherence to
restrictions applicable to RED ZONE/CONTAINMENT ZONE. As per instructions,
employees residing in such Zones can attend office only when allowed by the
local authorities of concerned State Govt. etc. or restriction is relaxed. As
per the above OMs the public transports including suburban train services were
under total suspension till first 4 phases of lockdown. Further, as per
Standard Operation Procedure of Min. of Health & Family Welfare, the period
of work from home shall not be treated as leave.
A
good number of employees who commute from considerable distant places could not
attend the office during the months making own arrangement, although, they were
inclined to attend their duties being physically present in the offices
premises. Further, according to the guidelines of Min. of Health & Family
Welfare as well as Ministry of Home Affairs is “to stay at home”,
“work from home” to the extent possible, so as to curb the
spread /outbreak of the COVID-19. During this period the
entire surroundings of the National Library was under Containment
Zone as per Govt. of West Bengal notification. In
the Ministry of Home Affairs Order dated 15.04.2020 it was also clearly stated,
“In these containment zones, the activities allowed under these
guidelines will not be permitted…..that there
is no unchecked inward/outward movement of population from these
zones…..The guidelines issued in this regard…… will be strictly
implemented….” Therefore some employee, though willing, could
not come, even they have tried their best to join their duties.
This
being an unprecedented situation, the condition of one-day attendance in a
month, for payment of Transport Allowance, needs to be dispensed with and
Transport Allowance for the month of April & May 2020 should not be
disallowed.
Your
immediate intervention in this matter is highly solicited with a request to
issue revised direction to the administration of the National Library and
Central Reference Library for payment/settlement of Transport Allowance for the
month of April 2020, etc.
With
regards,
Yours
sincerely,
(R.
N. Parashar)
Secretary
General
Confederation
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