Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi, dated 15th December, 1997.
Subject:- Grant of Overtime Allowance to Staff Car Drivers in Central Secretariat and Allied Offices Implementation of the Award of the Board of Arbitration. In C.A. Reference No. 7 of 1991.
The undersigned is directed to say that the question of payment of Overtime Allowance in excess of the prescribed ceiling of 100 hours to Staff Car Drivers in Central Secretariat and Allied Offices (i.e. Staff Car Drivers governed by the Staff Car Rules) had been under reference to the Board of Arbitration in C.A. Reference No. 7 of 1991. The Board of Arbitration gave the following Award in the above C.A. Reference in March, 1993:-
The Government has a right to fix the ceiling of Overtime duty hours of the Staff Car Drivers and as such the ceiling of limiting Overtime Allowance to 100 hours in a month imposed on the Staff Car Drivers of the Central Secretariat and Allied Offices is maintained.
In case the ceiling is exceeded in actual practice and the Staff Car Drivers are required to perform Overtime duty over and above the ceiling, they will be paid for such exceeding Overtime duty hours at the prescribed rate.
The Award shall come into effect from the date of disagreement i.e. 26.4.1991."
2. The above Award of the Board of Arbitration has been accepted by the Govt. The President is accordingly pleased to decide that in cases where the Staff Car Drivers have either already been deployed since 26-4-1991 or are, in exceptional and unavoidable circumstances, deployed on Overtime duty beyond 100 hours in a month, Overtime Allowance shall also be admissible in respect of the hours in a month as laid down in para 1(ii) of this Departments OM No.15020/4/80-Estt.(Allow.) dated 23.12.82, since incorporated as Note 9 under Rule 26 of the Staff Car Rules. The overtime work performed on all days, including Sundays/Holidays, in a month will continue to be taken into account for working out the ceiling.
3. Attention is also drawn to this Deptts OM No.15020/7/91-Estt.(AL) dated 2.4.93 emphasizing that the overtime duty in respect of Staff Car Drivers should be restricted in any event to a maximum of 100 hours as also suggesting rotation of duties of Staff Car Drivers to ensure that the ceiling of 100 hours is not exceeded in any case. It has now been decided that payment of Overtime Allowance beyond 100 hours will henceforth be further subject to a certificate of essentiality to be obtained from the Officer who uses the Staff Car or from the Private Secretary in the case of Minister, to be countersigned by the Joint Secretary (Admn.)/Head of Department in case the certifying Officer is below the level of Joint Secretary/Head of Department.
4. The Joint Secretary (Admn.) and Heads of Department have already been made responsible vide instructions issued under OM referred to above for enforcing the limit of 100 hours. However, it has been observed that this limit is still being routinely exceeded and there is thus a need to exercise stricter checks on this practice. Accordingly, it has now been decided that the Financial Advisers in the /Departments should monitor the Overtime duty hours put in by Staff Car Drivers to ensure that the limit of 100 hours on Overtime duty is not exceeded without fulfilling the conditions laid down under the instructions.
5. The rates of Overtime Allowance and other conditions for its payment shall continue to be the same as contained in this Departments OM No.15012/3/86-Estt.(Allowances) dated 19,3,91, read with OM No. Pt.F.No.21017/3/97-Estt.(Allowances) dated 21.11.97.
6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.
7. Hindi version is enclosed.
UNDER SECRETARY TO THE GOVT OF INDIA