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Clarification on admissibility of Transport Allowance in the cases where the officers are drawing Grade Pay of Rs.10,000/- in PB-4

Clarification on admissibility of Transport Allowance in the cases where the officers are drawing Grade Pay of Rs.10,000/- in PB-4

No.21(2)/2016-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, 19th August, 2016.
OFFICE MEMORANDUM

Subject: Clarification on admissibility of Transport Allowance in the cases where the officers are drawing Grade Pay of Rs.10,000/- in PB-4 โ€” regarding.

Reference is invited to this Departmentโ€™s Office Memorandum No.21(2)12008- E.II(B) dated 29.08.2008. Para โ€˜3โ€™ of the O.M. stipulates that Officers drawing Grade Pay of Rs.10,000/- & above and those in the HAGSโ€™ Scale, who are entitled to the use of official car in terms of Department of Expenditure (DoE) O.M. No. 20(5)/E.11(A)/93 dated 28.01.1994, shall be given the option to avail themselves of the existing facility or to draw the Transport Allowance at the rate of Rs.7,000/- p.m. plus Dearness Allowance thereon.
2. Several references have been received in this Department seeking clarification on the admissibility of Transport Allowance to officers drawing Grade Pay Rs. Rs.10,000/ under Dynamic ACP Scheme or NFU Scheme. A few cases have also been filed in the Courts in this regard. Honโ€™ble Central Administrative Tribunal (CAT), Principal Bench, New Delhi, in Order dated 13.05.2014 in O.A. No.4062/2013 filed by Shri Radhacharan Shakiya & Others Nils Union of India & Others, held that the Applicants were not entitled to draw Transport Allowance Rs.7,000/- p.m. plus DA thereon. The said order of the Tribunal has also been upheld by Honโ€™ble High Court of Delhi in their Order dated 03.09.2014 passed in Writ Petition (Civil) No. 3445/2014, filed by Shri Radhacharan Shakiya & Others,
3. Accordingly, it is clarified that the officers, who are not entitled for the use of official car for commuting between residence to office and back, in terms of DoEโ€™s OM 20(5)/E-I1(A)/93 dated 28.01.1994, are not eligible to opt for drawal of Transport Allowance @ Rs.7000/- p.m. + DA thereon, in terms of DoE O.M. No.21(2)/2008- E.II(B) dated 29.08.2008, even though they are drawing Grade Pay of Rs.10,000/- in PB-4 under Dynamic ACP Scheme or under the scheme of Non-Functional Upgradation (NFU).

4. Hindi version is attached.

(Nirmala Dev)
Deputy Secretary to the Govt. of India
Tel: 23093276

Finance Ministry OM on  Transport Allowance Clarification in English

Finance Ministry OM on  Transport Allowance Clarification in Hindi

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