One
of the service Association has filed CAT case in Madras Bench in connection
with the revision of Overtime Allowance.
Hon’ble
CAT Madras Bench in their judgement dated 9th April 2013 stated that ''prior to 5th CPC,
all Non-Gazetted employees in receipt of monthly basic pay of upto Rs. 2200/-
were entitled to OTA for performing duties beyond the designated working hours.
The 5th CPC had recommended abolition of OTA for all categories
except the Staff Car Driver, Operational Staff and Industrial employees. But,
it recommended that the staff deployed on weekly off days should be given a
compensatory leave rather than any cash compensation in the form of OTA or
otherwise. However, the said recommendations were not accepted and status-quo
was maintained as per the recommendations of the 4th CPC. It is also
seen that the rate of OTA fixed and the ceiling by the Nodal Ministry viz.
Department of Personnel and Training, consequent on the recommendation of 4th
CPC have not been revised by the said Ministry. As rightly contended by the
respondents, unless the said Nodal Ministry approves the proposal sent by the
Department of Posts for revision of OTA rate, they are not in position to
revise the OTA rates on its own and it is a policy decision of the
Government. In other words, the
Department Posts cannot take an independent decision on the issue raised by the
respondents".
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