Tuesday, March 9, 2010

JAC circular No 4

JOINT ACTION COMMITTEE OF

ACCOUNTS & AUDIT EMPLOYEES & OFFICERS ORGANISATIONS

AUDIT LEKHA BHAWAN

15/1089-90, VASUNDHARA, P.O. VASUNDHARA, DT. GHAZIABAD, U.P, 201012

Ph. 0120-2881727/011-2578 5070

E-mail: auditflag1923@gmail.com/ v_aicaea@yahoo.co.in

 

No: JAC/Circular – 04/2010                                                     Dated 4th March, 2010

 

To

            Chief Executive of Constituent Organizations

            and Conveners, Local JACs,

 

Dear Comrades,         

 

             We are sure; all of you have been preparing well for the Mass Casual Leave on 8th April 2010 and implemented the campaign week programme from 24th to 26th February 2010 to popularize the demands. A detailed report on the observance of campaign week may be forwarded to JAC headquarters.

 

             We are enclosing herewith the campaign material on common issues relating to JAC for educating the membership. All constituents of apex JAC are requested to send campaign material in respect of the respective departmental demands to their Units/Branches and endorse a copy of the same to JAC headquarters.

 

             It was decided in the apex JAC meeting of 1st February 2010 that centralized posters shall be printed and constituents shall send their requirements to apex JAC headquarters by 28th February 2010. .However, the posters are being printed centrally and all constituents are requested to send their requirements to Convener through SMS.  

 

           Since the Mass Casual Leave applications are to be collected from 15th March onwards and completed within 31st March 2010, the format for the application is annexed to this Circular.

 

            All Constituents/local JACs are requested to  send the consolidated the report on the number/percentage of applications received till 31st March 2010 to the apex JAC Headquarters on 1st April 2010 without fail.

 

           The apex JAC, in consultation with the Chief Executive of its constituents shall identify the weaker spots and take steps to visit those spots jointly. The tour programme of apex JAC leaders is being circulated shortly.

 

NEGOTIATION ON ARBITRATION AWARD

           We have already informed through Circular No-2 that, a delegation of JAC had met the Minister of state for Finance on 18th January 2010 and requested him to settle the issue implementation of arbitration award on grant of higher Pay Scale to Sr. Accountants and Sr. Auditors notionally from 01/01/1986 and actually from 01/01/2006.

 

            It has now been learnt that the issue has been reopened by Shri Nomonarayan Meena, Minister of state for Finance. We have also learnt that, the information has been sought from the Office of Secretary Expenditure.

 

(V.Bhattacharjee)

Convener

CL application Format

 

To

 

DAG/DDA/DCA/PAO

………

 

Sir/Madam

       ………….Association has called upon every member to avail one day Casual Leave on 8th April 2010 in pursuance of the Charter of Demands submitted by the Association to CAG/CGA/ DGPostal/Member Finance, Railways (delete what is not applicable).                                                                                                                                                                          

         I being a member of the Association, here-by submit my application for one day Casual Leave on 8th April 2010. 
                                                                                                                                                                                                         

         I request you to kindly sanction the leave.

         Thanking you,                                                                                                                                                             

                      Yours faithfully

 

                                                                                                                    Sign…..

 

                                                                                                                Name

Place

Date

CAMPAIGN MATERIAL FOR 8TH APRIL 2010 MASS CASUAL LEAVE

 

1. Implement Arbitration Award by granting higher pay scale notionally w.e.f 1-1-1986 and effectively w.e.f. 1-1-2006

 

      The Central Board of Arbitration gave the following award on 24th August 2004 on CA Ref No 3/2001.

"The Government is directed to grant upgraded Pay Scales same as to the Assistants of Central Secretariat Services of 1640-2900 (5500-9000 with effect from 01.01.1996) to all Senior Auditors/Sr Accountants/Accounts Assistants of Railways with effect from 01.01.1986 notionally and actual payment from 12.11.2001, the date of reference of arbitration to the board."

The government had been taking a stand in the Standing Committee of JCM that as the outgo on account of arrears is more than Rs 600 crores, it is not in a position to implement the award. The staff side initially proposed a mutually acceptable date for implementation. There after the Staff Side has given in writing that they are ready to accept the actual implementation of the award from 1.1.2006, the date of implementation of SCPC recommendations. Still the government is not ready to implement the award. There has been no discussion on the subject after 2007.   

        A delegation of JAC had met the Minister of state for Finance on 18th January 2010 and requested him to settle the issue of implementation of arbitration award on grant of higher Pay Scale to Sr. Accountants and Sr. Auditors notionally from 01/01/1986 and actually from 01/01/2006. But no response has been given by the Government even against such a reasonable approach of the JAC

 

2.   Upgrade all LDC to PB 1 GP 2400 (4000-6000 pre-revised) as Audit/Accounts Assistant and grant the following pay scales to other cadres

 

                           Auditor/Accountant                             : PB2, GP 4200

                         Sr. Accountant /Auditor/Steno Gr I   : PB2, GP 4600

                         AAO/Private Secretary                        : PB2 GP 4800,

                                                                                     PB3, GP 5400 on completion of 4 years                       

                        AO                                                        : PB3, GP 6600

                        Sr.A.O                                                  : PB3, GP 7600 

The Accounting and Auditing Departments are not administrative offices and in these departments, all items of work are of technical nature. Like administrative offices there is no method of receiving dak/letters and dispatch of those in the Accounts Organization or in any other departments of Accounts and Audit. Instead the existing persons who are designated as LDCs in these departments are basically handling the Bills, different types of Accounts and Audit related documents, Bank Statements, Cheques/ Demand Drafts/Bankers Cheques, Challans, receipt and payment vouchers, ledgers and Broadsheets etc.  After computerization, their duties have become more complex, sophisticated and important as they are to record those documents electronically, generate tokens and even process them in the computers. Virtually the designated LDCs in the Accounts and Audit Departments are discharging technical responsibilities and performing the duties of Accounts Assistants.

Therefore, the cadre LDC in the Audit and Accounting formations should be upgraded as Accounts/Audit Assistants and placed in PB-1 with Grade Pay Rs.2400.

Right from the 1st to VI CPC, the organisations representing Auditors/Accountants (designated as UDCs upto 3rd CPC) have been demanding that their pay scale should be upgraded to bring them on par with the Assistants of Central Secretariat Services (CSS).

It was the first time that the 3rd CPC got a job evaluation of the posts of Auditors/Accountants and the post of Assistants of CSS through experts of the Administrative Staff College, Hyderabad. This exercise revealed that Auditors/Accountant posts were evaluated to carry even higher (average) Point Rating of 563 than the Assistants of CSS who were evaluated to carry lower (average) Point Rating of 556.

In the light of this evaluation, the 3rd CPC should have recommended the same pay scale, if not higher for Auditors/Accountants which assigned for the Assistants of CSS. For reasons not given, the 3rd CPC totally ignored the above hob evaluation and recommended the pay scale of UDCs of Central Secretariat i.e. 330-560 for Auditors/Accountants (then designated as UDCs). Even the scheme of 4 advance increments for them on qualifying in the Departmental Confirmatory Examination was withdrawn on the plea that there should be complete parity with the UDCs of CSS and else where.

It was the V CPC which distinguished the UDCs (designated as Senior Clerks) in the Ministerial cadre of Railways and assigned higher Pay Scale of 4500-7000 (pre-revised Pay Scale of 1400-2300) on the consideration that in the cadre of Senior Clerks there was an induction (direct entry) of 1/3rd by the graduates where as UDCs of CSS & other offices were promotees from LDCs who were matriculates only. The said Commission however did not recommend the Pay Scale of 4500-7000 for Auditors/Accountants in which cadre there was induction of graduates to the extent of 50% to 80%.

Government of India took note this omission on the pay of V CPC and upgraded the Pay Scale of Auditors/Accountants to 4500-7000 only notionally with effect from 01.01.1996 and actually with effect from 19.02.2003, ie after a lapse of more 7 years.

The VI CPC, conceding the principle parity between Field and Secretariat office, has given the following existing and revise structure in Field Organisation vide Table below Para 3.1.14 of VI CPC Report:

Post

Present Pay Scale    Recommended Pay Scale

                             

Recommended

Pay Band        Grade Pay

Head Clerk/Assistant

Steno Gr II &

Equivalent

                              

4500-7000       )              6500-10500

5000-8000       )                

                                      

 

PB-2                     4200

 

The term "Equivalent" should mean to include Auditors/Accountants in the field offices of IA&AD and Organised Accounts. This is inferred also from the fact the nowhere else the VI CPC has recommended the revised Pay Band and Grade Pay for Auditors/Accountants.

In the light of these, Auditors/Accountants have to be granted the Grade Pay of 4200 in PB-2 and not Grade Pay of 2800 in PB-1 as because at last the parity in Pay Scale with that of Assistants of CSS has been recognised and extended by the VI CPC to Auditors/Accountants.

            As a result of job evaluation done by the Administrative Staff College at Hyderabad at the instance of III CPC in which Auditors/Accountants has edge over Assistants grade (of CSS), a solid justification for grant of Pay Scale of Assistant grade to the Auditor/Accountant post had been laid down. In 1984, Government themselves upgraded the Pay Scale of 80% Auditors in the Pay Scale of Assistant grade (425-800) thus granting parity in Pay Scales amongst them. The IV CPC not only clubbed the posts of Auditors and Assistants and recommended the pay scale of 1400-2600, but also extended the same pay scale to Accountants in Indian Audit & Accounts Department and Organised Accounts which was implemented with effect from 01.04.1987.

However, this parity in Pay Scale of Auditors/Accountants and Assistants of CSS was disturbed when in the year 1990 the Government of India revised the pay Scale of Assistants alone to 1640-2900 retrospectively with effect from 01.01.1986 and thus annulling the clubbing of the two posts as done by IV CPC.

            The V CPC has elaborately discussed this issue of disparity in their Chapter 102 on IA&AD, paras 102.6, 102.7, 102.17 containing the observations V CPC are reproduced in the Annexure II. However, in para 102.18 the Commission stated that-

            "We have separately clarified to the Government that it is not our intention to reopen the past cases or to rectify retrospectively anomalies that might have arisen in the past…. We would therefore refrain from making any specific recommendation in this regard. (It being a part of anomaly) It would be more appropriate in our view, if the entire matter is examined afresh by the Anomalies Committee".

            In the meantime Government had also granted the Pay Scale of 5500-9000 only notionally with effect from 01.01.1996 and actually from 19.02.2003 thus removing this disparity atleast notionally from 01.01.1996.

As a result of disagreement on the demand of grant of Pay Scale of 1640-2900 to Senior Auditor/Sr Accountant to bring them on par with Assistant pay scale in the National Council (JCM) in the year 1994, the matter had gone to the Board of Arbitration, CA Ref No 3/2001. The award given by the Board of Arbitration on 24 August 2004 was that:-

            "The Government is directed to grant upgraded Pay Scales same as to the Assistants of Central Secretariat Services of 1640-2900 (5500-9000 with effect from 01.01.1996) to all Senior Auditors/Sr Accountants/Accounts Assistants of Railways with effect from 01.01.1986 notionally and actual payment from 12.11.2001, the date of reference of arbitration to the board."

 Afterwards just before the setting up of VI CPC, Government in DOPT in their order vide OM 20/29/2006-CS.III date September 25, 2006 further upgraded the pay scale of Assistant to 6500-10500 (which was assigned to their supervisor ie Section Officer) with effect from 15.09.2006. The VI CPC in Para 3.15 had observed that "this upgradation apart from increasing the existing chasm between the similarly designated posts (posts clubbed together by IV CPC) in the Secretariat and field offices, has also led to a piquant situation where the feeder posts of Assistant and the promotion post of Section Officer have come to lie in an identical Pay Scale".

            The VI CPC in their Chapter 7.56 on IA&AD has observed in para 7.56.8 that "the Government has never conceded the principle of parity between Assistants of CSS and the Senior Auditors/Accountants in various organised Account Department including IA&AD."

            As has been done in 1990 and again in 2006 (with effect from 15.9.2006) the DOPT had granted higher pay scales to Assistants with a view to disturb the parity (cause disparity) between the Pay Scales of Assistant & Senor Auditor/Accountant. Once again this time the Deptt of Expenditure has granted further upgradation to the Assistant by grant of PB-2 with Grade Pay of 4600 (pre-revised 7450-11500).

Here it may be observed that the latest upgradation of the Assistant pay scale ie PB-2 Grade Pay 4600 is not based on any enabling recommendations of VI CPC.

            It is therefore emphatically urged that the same PB-2 Grade Pay 4600 should be granted Senior Auditor/Accountant with effect from 01.01.2006 so that this disparity in the Pay Scale of Assistants of CSS and Senior Auditors/Accountants of IA&AD and Organised Accounts Departments is not re-introduced as has been done earlier in the year 1990 and 2006

In III CPC Section Officers (Audit/Accounts) were in the pay scale of 500-900 with a Selection Grade in the Pay Scale of 775-1000 (limited to 20% posts on non functional basis). The IV CPC recommended the Pay Scale of 1640-2900 for Section Officers of Indian Audit & Accounts Department and Accounts (20% of posts) and 2000-3200 for 80% of posts be designated as Assistant Audit/Accounts officers declaring them as Gr B Officers. This Pay Scale as per V CPC was merely meant for Gr C posts and the standard Pay Scale for Gr B posts was 2000-3500.

The V CPC merged the Pay Scales of 2000-3200 and 2000-3500 and recommended the pay scale of 6500-10500 (S-12) there-by conceding the parity in the Pay Scale to the AAOs with the Section Officers of CSS.

The AAOs had been assigned complete parity with the Section Officers of Secretariat and they been granted the pay scale of 6500-10500 with effect from 01.01.1996.

Government of India further disturbed above parity when they upgraded the pay scale and assigned the pay scale of 7450-11500 which was not at all there in the hierarchical set up of Indian Audit & Accounts Department and Organised Accounts and also not a pay scale prescribed by V CPC.

 The SCPC has placed the post of Section officer, post of AAO and post of Audit/Accounts Officer in an identical pay scale though as per their observation AAO should have been placed in the next higher scale of 8000-13500. (PB3, Grade Pay 5400). The government of India half-heartedly and partially rectified this anomaly by assigning the pre-revised pay scale of 8000-13500 PB2 Grade Pay Rs.5400. As a matter of fact this pay scale should have gone to AAO in terms of the above observation of CPC and not to the Audit/Accounts Officer. On logical consideration all SO who have completed 4 years, in the case of Indian Audit & Accounts Department and Organised Accounts 3 years, should be placed in PB 3, 5400.

Incidentally it may also be noted that Senior Divisional Accounts Officers had been considered at par with Accounts/Audit Officers in the existing hierarchical structure. There was no post in the DA cadre in the pay scale of Sr Audit/Account Officer. Therefore, placement of Audit/Accounts officer in the pay scale of 7500-12000 in PB2 Grade Pay6 4800 and placing the Sr Divisional Accounts officers in the re-revised pay scale of 8000-13500 PB3, Grade Pay 5400 was totally uncalled for. Having placed a demand that AAO should be, who would be promoted after 3 years as SO have to be placed in the pre-revised pay scale of 8000-13500, PB 3, 5400 as in the scheme of Section officers in Central Secretariat. There is every justification on the consideration vertical relativity to grant the next higher pay scale of Under Secretary to the Audit/Accounts Officer ie pre-revised pay scale of 10000-15000, PB3, 6600 and on the same consideration Senior Audit/Accounts Officer may be granted the Pay Scale assigned to Dy Secretary  ie PB3 7600.

In this connection reference is drawn to the following observation of VI CPC: "It is observed that the post SAO constitute a feeder cadre for induction into IA&AS. The entry grade for IA&AS is presently 8000-13500 which is identical to SAO. Upgrading their pay scale any further would place them in higher level that IA&AS which is a promotional post. The existing pay scale of Sr. AO needs to be maintained".

These observations are factually incorrect. A person who promoted from the post SAO in the IA&AS/ICAS/IPAS etc is always granted the pay scale attached to Dy Accountant General or equivalent ie at par with pay scale of Dy Secretary. That being the case, this recommendation of CPC not to upgrade the pay scale of SAO is totally untenable and hence to be discarded.

 

3.  Grant MACP on departmental hierarchy basis.

Even after getting the benefit of three financial up-gradations under MACPS, many employees shall not even reach to the pay scale they would have enjoyed through the benefit of old ACP scheme. This is a serious damage to the employees in addition to those employees, who have been suffering damage and financial loss after introduction of ACP scheme by the Government in August, 1999.

            After introduction of MACPS, serious administrative problems have also cropped where supervised officers/employees are drawing higher grade pay then their supervisors. Moreover, employees of same cadre are drawing different of grade pay which is unscientific and illogical.

 4. Grant one increment and Grade pay of Rs.4800 from the day of passing JAO/AAO/SOG examination.

This would ensure that the personnel who have been declared passed in SOGE would continue to draw the pay and entitlements of AAO, irrespective of whether he is given the status.

 

5. Grant three increments on passing departmental confirmatory examination.

               Under the scheme of Departmental Examination, the UDCs in organized Accounts and IA&AD used to be placed four stages above the minimum pay on passing the Examination. This Examination was also extended to Lower Division Clerks who were graduates. On passing this Examination, the LDC used to be promoted to the post of UDC (Accountant/ Auditor) with three advance increments. The scheme of grant of these advance increments was withdrawn by the Government.

               The matter was taken up the Railway Accounts Employees in the court of Law and the scheme of grant of three advance increments to the LD promotees was restored in Railways. Rest of the employees organisations of Accounts and Audit Departments have therefore been demanded for introduction of the scheme.

6. Step up pay of Senior Promotees who exhausted ACP in the event of junior drawing more pay and getting ACP in compliance with apex court judgment.

It is irrational while juniors are placed in higher pay and seniors are drawing lower pay the apex court of the country has already expressed it in opinion in the respect while passing its decision in respect of the employees of Haryana state who had sought relief from the court of law.

 

7. Grant recognition to Railway Accounts Staff Association.

            Railway Accounts Staff are a specific category of staff belonging to organized Accounts & Audit. It is there essential that, they are treated as a distinct category and allowed to form their Association and seek recognition.

 

-o0o-

 

 

 

 

 

 

 

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