Sunday, July 24, 2016

LETTERS TO AICAEA FROM
CONTROLLER GENERAL OF ACCOUNTS





LETTERS OF AICAEA TO CIVIL ACCOUNTS AUTHORITIES

All India Civil Accounts Employees Association
(RECOGNIZED BY GOVT. OF INDIA)
Central Headquarters
Phone No. 011-23345070, Mob. No. 9868520926 e-mail:- v.aicaea@gmail.com

Central Office: -                                                                                            Address for Communication:-
16-A, Akbar Road Hutments,                                                                                  17/2 – C, P & T Quarters,
New Delhi: - 110011                                                                                                                  Kali Bari Marg,
                                                                                                                                                     New Delhi-110001

No: AICAEA/HQ/C-3/2016/727-736                                                                                Dated: 14.07.2016

To,
            Shri P.K. Berwah,
            Chief Controller of Accounts,
            Central Board of Excise and Customs,
            Room No. 103, 1st Floor, ‘B’ Wing,
            AGCR Building, I.P. Estate,
            New Delhi – 110002

Subject:- Request by the Civil Accounts Employees to pay the salary of the employee to save his family from starvation and  revocation of his transfer order.

Sir,

            I would like to invite your kind attention to my letter No: AICAEA/HQ/C-3/2016/703-709                                                                                      dated: 05.07.2016 wherein you were  requested kindly to refer the letter No:- AICAEA/ TN&PUD/ 91-94 dated 28.06.2016 of our Tamilnadu and Puducherry Branch, Chennai through which the Branch Association has forwarded the requests of the Civil Accounts employees of entire Tamilnadu state and Puducherry state to kindly revoke the transfer order of one of the employees who had been recommended for transfer  by the local administration from Madurai to another stations without any valid ground, and take an early favourable action to cancel the transfer orders. But you have not taken any action so far.

            It may not be out of place to record here the following-
1.      Inspite of the fact that the office is running with 50% shortage of staff as per SIU norm, the local administration of Madurai under the dictate of Dy. CA, South Zone, Chennai had recommended for displacement of two Senior Accountants ignoring the DOPT norms and the CVC instructions circulated by the Controller General of Accounts vide OM dated 15th December 2015. The vested interest Dy. CA, South Zone, Chennai was so keen to protect the junior most persons that he had asked the local administration of Madurai to recommend for removal of one handicapped employee and another senior person who had sought his transfer to Madurai unilaterally forgoing his seniority to save his family from various problems. While doing so , the Dy. CA, South Zone, Chennai did not even bother to recognize that none among these persons recommended for  transfer were having working  knowledge of PFMS on the excuse of which they have been ordered to move to Tirunelvelie.
2.      Therefore, the transfers being vindictive and loaded with vested interests, onus of non-functioning of office for 8(eight) days due to protest by totality of the members of the office in a democratic manner rests with the local administration of Madurai and the Dy. CA, South Zone, Chennai in specific.
3.      However, to escape from convolution of agitation, the Dy.CA, South Zone Chennai had invited the representatives of Tamilnadu & Pondicherry Branch of our Association and offered assurances of cancelling the transfer orders provided the protest actions were suspended by the employees. As such the employees of PAO, Central Excise, Madurai resumed duty immediately on 15TH June 2016. But once the crisis was over the Dy.CA, South Zone Chennai backed out from his assurances and shifted the responsibility on the shoulder of CCA, CBEC.
4.      At that stage, under the direction of my organization, I had met you twice to resolve the matter. But unfortunately, there was no solution despite my amenable approach. Instead,  the employees have been imposed the  penalty of salary cut illegally and the local administration, which is responsible for creating the pandemonium in the office by promoting their vested interests, has been given a clean chit.
5.      Finally, begging justice, the Civil Accounts Employees of entire Tamilnadu have requested you through a mass representation dated 28th June 2016 to revoke the vindictive transfer order. The Branches of this Association from rest of the country have also requested you to resolve the matter amicably.
       But no favourable action has been initiated by you to settle the matter and provide justice to the innocent employee.
            Since the employee concerned is suffering extremely and his family members have reached to the stage of starvation due to non- receipt of salary by their bread earner, resentment among the employees of entire country is precipitating.

            I am sure; you will definitely agree that the Civil Accounts Employees shall not be a silent spectator when they shall  find that family members of one of their innocent colleagues is under the threat of  starvation  without any fault of theirs but because of the inflexible attitude of the administration.

            Therefore, I request you to kindly arrange for the payment of salary of the official concerned and issue orders for cancelling   his transfer   so that the peace and tranquility in Civil Accounts organization throughout the country is not disturbed.

            You are also requested to direct the local administration of Madurai to refund the eight days salary of the employees deducted illegally.

Thanking you,
Yours Sincerely,


(V.Bhattacharjee)
Secretary General
Copy to
1.      Sh. Ashok Lavasa Finance Secretary & Secretary(Exp.) Department of Expenditure,  Ministry of Finance, Government of India, 129-A, North Block, New Delhi – 110001.
2.      Dr. Hasmukh Adhia, Secretary, Department of Revenue, Ministry of Finance, Government of India, 128-A/North Block, New Delhi – 110001.
3.      Shri M.J. Joseph, Controller General of Accounts, Ministry of Finance, Department of Expenditure, Lok Nayak Bhawan, Khan Market, New Delhi – 110003.
4.      The Secretary, Staff Side, JCM, National Council, New Delhi
5.      The All National Executive Members, Women-subcommittee Members, Branch Secretaries and Unit Secretaries of AICAEA.
6.      The Secretary General, A.I.C.A.E.A., Cat-II, Cochin.
7.      The Secretary General, AIAPAO (Civil), Mumbai.
8.      The Branch Secretary, AICAEA, T&P Branch, Chennai.
9.      The Unit Secretary, PAO, CBEC, Madurai.

(V.Bhattacharjee)
Secretary General
--------------------------------------------------------------------------------------------------------------------------
All India Civil Accounts Employees Association
(RECOGNIZED BY GOVT. OF INDIA)
Central Headquarters
Phone No. 011-23345070, Mob. No. 9868520926 e-mail:- v.aicaea@gmail.com

Central Office: -                                                                                            Address for Communication:-
16-A, Akbar Road Hutments,                                                                                  17/2 – C, P & T Quarters,
New Delhi: - 110011                                                                                                                  Kali Bari Marg,
                                                                                                                                                     New Delhi-110001

No: AICAEA/HQ/A-29/2016/737-742                                                                              Dated: 16.07.2016

To
            Smti. Archana Nigam,
            Principal Chief Controller of Accounts,
            Central Board of Excise and Customs,
            R.No.105 ‘B’ Wing,
            AGCR Building, I.P. Estate,
            New Delhi-110002

Subject: - Grant of Pay Scale of Rs:- 1350-2200 from 01.01.1986 to DEOs – implementation of CAT Calcutta Bench judgment on OA. No. 63 of 2013.

Madam,
            I would like to refer the above mentioned subject and state that, it is more than three years you have not taken any action to implement the directive given by the Hon’ble CAT, Calcutta Bench. Now, the recommendation of the 7CPC is also on the verge of implementation and non-implementation of the directives of CAT, Calcutta Bench in favour of the DEOs of your department shall push them to grave financial loss for their entire service life while their counterparts in the Defence Accounts Department shall be enjoying better pay/pension.
            Apart from the DEOs of Kolkata who are covered by the judgment, seven DEOs from Bangalore, Jaipur and Kanpur have also requested you vide their representations dated 13.06.2016, 14.06.2016 and 29.06.2016 respectively to grant them the revised Pay Scale of Rs:- 1350-2000 with effect from 01.01.1986.
            This Association therefore, requests you to kindly implement the above referred judgment immediately and extend its benefit to all DEOs working in the Civil Accounts setup of CBEC.
            It will be highly appreciable if you kindly direct your office to acknowledge the receipt of this letter and inform us the favourable decision taken on the requests made through this letter.
Thanking you,
Yours Sincerely,

(V.Bhattacharjee)
Secretary General
Copy to:-
1.      The All National Executives Members.
2.      The Secretary General, AICAEA Cat-II, Cochin.
3.      Branch Secretary/President Karnataka Branch, Bangalore. This has a reference to letter No:- AICAEA/KAR/2016-17/26 dated 15.06.2016 of the Branch. The Branch is requested to ensure implementation all directives of NFCAA & central headquarters of AICAEA which it has not been doing.
4.      The Branch Secretary, AICAEA, Rajasthan Branch, Jaipur. Members concerned may be requested kindly to follow the procedure and forward their representations through unit Association and Branch Association respectively.
5.      The Branch Secretary, AICAEA, U.P. East Branch, Lucknow. CBEC, Kanpur Unit being the unit of U.P. East Branch, the Branch is requested to convey the contents of this letter to member concerned. He may be requested to follow the procedure as discussed in sl. No. 4 above.



(V.Bhattacharjee)
Secretary General

Wednesday, July 13, 2016


Copy of the AICAEA Letter to the PCCA, CBEC Demanding Settlement of the Issues Concerning with Staff of Different Stations
All India Civil Accounts Employees Association
(RECOGNIZED BY GOVT. OF INDIA)
Central Headquarters
Phone No. 011-23345070, Mob. No. 9868520926 e-mail:- v.aicaea@gmail.com

Central Office: -                                        Address for Communication:-
16-A, Akbar Road Hutments,                                                   17/2 – C, P & T Quarters,
New Delhi: - 110011                                                                                Kali Bari Marg,
                                                                                                             New Delhi-110001

No: AICAEA/HQ/A-3/2016/712-719                                                 Dated: 08.07.2016

To
            Smti. Archana Nigam,
            Principal Chief Controller of Accounts,
            Central Board of Excise and Customs,
            R.No.105 ‘B’ Wing,
            AGCR Building, I.P. Estate,
            New Delhi-110002

Subject: - Request for settlement of the issues concerning with staff of different stations amicably across the table.

Madam,
            Some of the employees working in PAO, Central Excise, Madurai have been vindictively transferred to out of station ignoring the DOPT norms and the CVC instructions circulated by the Controller General of Accounts vide OM dated 15th December 2015. Though the office is running with 50% shortage of staff as per SIU norm, but the local administration of Madurai in connivance with Dy. CA, South Zone, Chennai had recommended for displacement of two Senior Accountants ignoring the junior most persons. The administration of Madurai was in such a hurry that, it had asked to remove one handicapped employee and another senior person who had sought his transfer to Madurai unilaterally forgoing his seniority to save his family from various problems. The transfers being vindictive, totality of the members of the office had protested and as a result of which the functioning of the office was paralyzed for 8(eight days). At that stage, the effort of this Association to resolve the matter was not responded by your office. Instead, all the employees of the office concerned have been imposed penalty of salary cut illegally and the local administration, which is responsible for creating the pandemonium in the office by promoting their vested interests, has been given a clean chit. Begging justice, the Civil Accounts Employees of entire Tamilnadu has requested CCA, CBEC through a mass representation dated 28th June 2016 to revoke the vindictive transfer order. The Branches of this Association from rest of the country has also requested your administration to resolve the matter amicably. But no favourable action has been initiated by your office to settle the matter and provide justice to the innocent employees.
            Similarly, it is more than six months the employees working in the Pay and Accounts Office, Central Excise, Jaipur has been facing various problems from the local administration. The matter was brought to your kind notice by this Association through its letters dated 17.02.2016, 27-05- 2016 and 26-04-2016  respectively and as per your direction, the representatives of this Association had  held two rounds of discussions with the officer you had desired to be discussed. But due to biased approach of your administration the situations had further aggravated instead of improvement.  The Rajasthan Branch of this Association had therefore, requested you vide its letter dated 26.04.2016 to kindly intervene and create working atmosphere in the office. Following this, the Women Employees posted in the office vide their representations dated 20-05 2016 have brought it to your kind notice that, the atmosphere of the office is not conducive for the women workers and you may kindly do the needful. But your office has not taken any action so far.
            The Employees working in your own office in Delhi (i.e. Pr. CCA, CBEC) have also been facing various problems and harassments of the administration. Your administration does not entertain representations of the employees on their problems and on the contrary threaten to initiate action against them and transfer them.  Not only these, the employees  are  not even  provided with the minimum basic amenities like sitting space,  proper drinking water, Room cooling arrangement and office equipments etc. As per your instructions the local unit Association had submitted the problems in the form of a list of agenda items for discussion with you. But it is nearly four months no meeting has been convened. The Unit Association vide its letter endorsement dated 09-06-2016 has finally requested you to discuss the issues with the National Executive of All India Civil Accounts Employees Associations. But no meeting has been so far fixed by your office.
            In addition to all these, our Branch Associations have informed us that members from various stations of Gujrat, Karnataka, Punjab and West Bengal have also reported them about the unpleasant situations prevailing in their offices.
            In view of the above situations, the Association has directed me to request you to kindly convene a meeting with the National Executive members of the Association who may be accompanied by the representatives of the affected units concerned so that the problems arisen could be resolved across the table through mutual discussion at the earliest.
            The Association hopes that, you will not ignore its request and convene the meeting at the earliest with the desire of restoring peace and tranquility in all offices functioning under your control and also to provide justice to the victimized employees. 

Thanking you,
Yours Sincerely,


(V.Bhattacharjee)
Secretary General
& Member National Council (JCM)

Copy to:-

1.                 The Secretary, Department of Expenditure,  Ministry of Finance, Government of India, North Block, New Delhi – 110001.
2.                 The Controller General of Accounts, Ministry of Finance, Department of Expenditure, Lok Nayak Bhawan, Khan Market, New Delhi – 110003
3.                 The Secretary, Department of Revenue, Ministry of Finance, Government of India, North Block, New Delhi – 110001.
4.                 The Secretary, Staff Side, JCM, National Council, New Delhi
5.                 The All National Executive Members, Women-subcommittee Members, Branch Secretaries and Unit Secretaries of AICAEA.
6.                 The Secretary General, A.I.C.A.E.A., Cat-II,  Cochin
7.                 The Secretary General, AIAPAO (Civil), Mumbai.

(V.Bhattacharjee)
Secretary General

& Member National Council (JCM)

Friday, July 8, 2016

DEFERRING OF THE INDEFINITE STRIKE – CLARIFICATIONS

M. Krishnan, Secretary General,
Confederation of C. G. Employees & Workers

Dear Comrades,

We are in receipt of messages and emails from our grass root leaders and workers conveying their concerns over the decision of NJCA to defer the indefinite strike. Comments are circulated in other social medias like whats app etc. also. As it is not practically possible to reply to all the queries and comments, to put the record straight, we are clarifying below the common points raised by most of our comrades and well-wishers. We sincerely thank all those leaders, comrades and well-wishers, who have conveyed (and still conveying) their views, opinions, criticisms and concerns to the confederation CHQ.

1.      CONVEYING THE DEFERMENT OF THE STRIKE EVEN BEFORE THE NJCA FORMALLY ANNOUNCED IT:

NJCA has taken serious note of this incident and shall take precautionary measures in future.

2.      WHETHER IMPLEMENTATION OF THE CABINET DECISION ON 7TH CPC RECOMMENDATIONS WILL BE DELAYED FURTHER FOR FOUR MONTHS

The question of keeping in abeyance the implementation of the Cabinet decision on 29th June 2016 regarding 7thCPC recommendations, till the High Level Committee submits its report to Govt, was discussed in the NJCA meeting. It is decided that NJCA should not demand it, as the employees may be put to hardship, especially those who are in the verge of retirement. Com Shiv Gopal Misra, Convenor, NJCA has confirmed from the Finance Ministry that Govt notification on 7th CPC recommendations is under process and it will be issued shortly, payment may be made from August salary.

3.      WHAT IS THE DIFFERENCE BETWEEN EMPOWERED COMMITTEE CONSTITUTED EARLIER AND THE NEW HIGH LEVEL COMMITTEE?

The new High Level Committee is the product of the discussion held by Group of Ministers including Home Minister, Finance Minister and Railway Minister with NJCA leaders after announcement of the Cabinet decision, in the wake of an impending indefinite strike. Govt is compelled to appoint the new Committee, as the decision taken by the Govt on the proposals submitted by the Empowered Committee headed by Cabinet Secretary (details of proposals of ECoS is not known to staff side) is not acceptable to the NJCA. Hence the new Committee shall be to reconsider the decision of the Govt. especially regarding minimum wage and fitment formula. Inspite of the assurance of the Groups of Ministers that the Committee is being constituted to reconsider the Govt. decision, if the Govt. again reject our demand, the NJCA have to reconsider its stand and deferred strike shall be revived.

4.      POSITION REGARDING ALLOWANCES

All allowances including HRA, transport allowance, fixed medical allowance to pensioners etc. are referred to a committee headed by Finance Secretary. Committee shall submit its report within four months. Pending final decision based on the report of the Committee, all existing allowances to be paid as per the existing rates in existing pay structure. Govt. may try to deny arrears of revised rate of allowances by implementing it from prospective date as in the past. This issue will be further discussed by the NJCA with the proposed Committee.

5.      WE WOULD HAVE GOT A BETTER SETTLEMENT IF NJCA HAS GONE AHEAD WITH THE INDEFINITE STRIKE

All of us are aware that NJCA is not a monolithic, composite organization. It is a united forum of independent organisation. Each Federation has its own identity and individuality and take decision as per the direction of the managing bodies of each organization. Hence different views may emerge in the NJCA, but final decision is taken by consensus. If each organization stick on to its own stand and others to follow it, there is no question of consensus and NJCA will not exist.

With all its inherent weakness and limitations, the NJCA has successfully challenged the NDA Govt’s stand that there is no negotiation with the staff side on the 7th CPC recommendations. Govt. thought that once the Cabinet decision is announced unilaterally, followed by unleashing of well-orchestrated media propaganda that big bonanza is given for Central Govt. Employees, the NJCA will be forced to withdraw its indefinite strike decision. But the calculation of the Govt went wrong. NJCA took a firm stand that unless and until the retrograde recommendations especially minimum wage and fitment formula is modified, there is no question of withdrawing the strike. All the Federations are firm on this demand which ultimately compelled the Hon’ble Prime Minister to intervene. (NJCA has written to Hon’ble Prime Minister for intervention even before the Cabinet decision, but the Govt. ignored the NJCA’s appeal at that time). As per the direction of the Hon’ble Prime Minister, Hon’ble Home Minister Sri Rajnath Singh, Finance Minister Sri Arun Jaitly and Railway Minister Sri Suresh Prabhu discussed the main issues raised in the Charter of demands with NJCA leaders, and assured that Govt. will appoint a High Level Committee to reconsider the decision of the Govt., especially on minimum pay and fitment formula. This assurance was given with the approval of Hon’ble Prime Minster.

Inspite of it, the NJCA has not deferred the strike and insisted written confirmation of the assurance regarding constitution of High Level Committee. Again Hon’ble Home Minister Sri Rajnath Singh called the NJCA leaders and reiterated the earlier assurances and informed that the Finance Minister will issue a press statement confirming the assurance given to NJCA. Only after receipt of the copy of the press statement issued by the Finance Ministry, NJCA has deferred the strike till the finalization of the report of High Level Committee.

As the Hon’ble Prime Minister of  our country has intervened and as three Cabinet Ministers of Govt. of India discussed the demands with NJCA leaders and gave assurance that the demands, especially minimum pay and fitment formula will be reconsidered, and as the Home Minister has again reiterated the assurances to NJCA leaders and Finance Minster has issued press statement confirming the constitution of High Level Committee, the NJCA felt that before embarking upon an indefinite strike which is the last weapon in the hands of the workers, we should give time to the Govt. to implement the Minister’s assurances given as per the direction of the Prime Minister and honour its commitment given to NJCA leaders. NJCA taking a stand that we don’t believe the Ministers and their assurance and shall go ahead with the strike, may not be taken in good spirit by the general public and the media. In case the Govt. backs out from its assurances, the NJCA has got every right to revive the deferred indefinite strike.

Com. Shiva Gopal Mishra, Convenor, NJCA has made it clear in the circular issued on 7th July 2016, which reads as follows: -

Though there is positive assurance from the Govt. of India, but all of you will not take rest and assume counseling the cadre and ground staff that they should remain in full preparedness, because if there will not be SATISFACTORY OUTCOME, we will be having no alternative except to agitate the issues again.”

6.      WHAT ABOUT PARITY IN PENSION? WILL IT BE IMPLEMENTED AS THERE IS A CLAUSE IN THE GOVT DECISION THAT THE PROPOSED COMMITTEE WILL EXAMINE THE FEASIBILITY OF IMPLEMENTATION OF THE OPTION No I, ie PARITY IN PENSION TO PAST PENSIONERS

This issue was raised before the Group of Minister by Com. K. K. N. Kutty, who is also the Secretary General of NCCPA (National Co-ordination Committee of Pensioners Associations). It was pointed out to the Finance Minister that even though the Govt. has decided to accept 7th CPC recommendation to have two options to pensioners, it is qualified with the words “subject to feasibility.” The Finance Minister categorically assured the delegation that the Govt. has accepted the recommendations in toto and the Pension Department has only been asked to sort out the difficulties in implementation of the Option-No-I, if any.

7.      WHAT ABOUR DEMANDS OF THE GRAMIN DAK SEVAKS, AS NJCA IS MORE CONCERNED WITH MINIMUM PAY FITMENT FORMULA ONLY

Any increase in the minimum pay and fitment formula for departmental employees (MTS, Postman & PA) will be extended to Gramin Dak Sevaks also proportionately as the GDS Pay Scales are decided based on the pay scales of corresponding category of departmental employees. So, the demand to increase minimum pay and fitment formula of MTS, Postman and PA is equally important for GDS also.

As regards, civil servant status the NJCA has raised this demand before the Govt and 7th CPC. Even though the 7th CPC Chairman, Retired Justice Ashok Kumar Mathur has informed the JCM staff side leaders he will not consider the GDS case as they are not included in the terms of reference of the Commission, the Chairman gave a very damaging recommendation to the Govt. that GDS are not Civil Servants but they are part – time employees and Extra-departmental agents. He further stated that all the GDS are having another main independent income from another source and GDS job is only a side-business. NJCA leaders have raised the issue of GDS before the Cabinet Secretary’s Committee and also before the Group of Ministers. We shall again raise the issue before the proposed high level committee also. Govt. has constituted a separate committee for GDS under the Chairmanship of Retired Postal Board Member Sri Kamalesh Chandra. NFPE, AIPEU-GDS and Confederation has submitted detailed memorandum before the Committee and Secretary General NFPE Com. R. N Parashar, General Secretary AIPEU-GDS Com, P. Panduranga Rao along with other leaders has given evidence before the GDS Committee demanding Civil Servant status. The GDS committee will submit its report before December 2016. Further NFPE and AIPEU-GDS has filed a case in the Supreme Court for grant of Civil Servant status. Supreme Court has transferred the case to Delhi High Court which in turn transferred it to Principal Bench of Central Administrative Tribunal, Delhi. The final argument of the case will take place on 25th July 2016. NJCA, Confederation, NFPE and AIPEU – GDS are jointly trying their level best to get justice to three lakhs Gramin Dak Sevaks of the Postal Department. If the GDS Committee report is against the GDS, then definitely NJCA and Confederation will be fully supporting the agitational programmes of NFPE & AIPEU-GDS including indefinite strike.

The main hurdle is the policy of the NDA Govt. as the Communication Minister of NDA Govt. has rejected our demand for grant of Civil Servant status to GDS.

  

M. KRISHNAN
Secretary General,
Confederation of Central Govt Employees & Workers
Mob: 09447068125