NFCAA CIRCULAR NO. 9

NATIONAL FEDERATION OF CIVIL ACCOUNTS ASSOCIATIONS

(All India Civil Accounts Employees Association

All India Civil Accounts Employees Association Category –II)

10/42, Old Rajinder Nagar, New Delhi: - 110060

 

No: NFCAA/HQ/A-1/10/Cir-9                                                                                                                                             Dated: 28th August, 2010

 

To

All Federal Executive Members,          

All Women Committee Members,        

           All Branch Secretaries of AICAEA & AICAEA Cat- II

 

Dear Comrades,

 

CENTRALIZED DHARNA IN FRONT OF CGA ON 24^TH SEPTEMBER, 2010

 

            We have been informed by the Branches that the Branch level Dharna on 27^th August 2010 was implemented and large number of members participated/attended lunch hour meetings exhibiting sufficient enthusiasm in all major citis. We congratulate all for making the programme successful.

            However, there is no response from the authority so far. As such we shall have to continue our organizational action.

            On 24^th September 2010, Centralized Dharna shall be held in front of CGA office i.e. Loknayak Bhawan, Khan Market, New Delhi. Dharna shall start at 11 AM and conclude at 3.PM. From the Dharna itself, a delegation composed of all Federal Executive members of NFCAA (i.e. office Bearers of NFCAA, AICAEA and AICAEA CAT-II) shall meet the Controller General of Accounts and submit a Memorandum on 16 point Charter of demands.  

            In response to the earlier circulars of the Federation, N.E. Branches, West Bengal Branches, Andhra Pradesh Branches, Kerala Branch (AICAEA), Tamilnadu & Pondicherry Branches, Mumbai Branches, Nagpur Branches, Pune Branch (AICAEA) and CBEC, Aurangabad Unit have confirmed about their participation. As such, confirmation of large number of participants has been received.

Delhi Branch of AICAEA has been requested to mobilize maximum possible number of participants for the Dharna and the leaders of the Branch have initiated their actions in this regard.

However, rest of the Branches/Station/Units is yet to respond. It may be because they have taken the matter casually and take action at the last moment. It is not at all appreciable. Hence, all such Branches/Units/Stations are once again requested to send their confirmation immediately and ensure their participation in the Mass Dharna without fail.

Fooding and lodging of the outstation members shall be made by Federation headquarters while in Delhi. The accommodation for stay of outstation leaders and members shall be-

CHUG DHARMSALA,

Udyan Marg, (near) Gole Market,

New Delhi 110001

Udyan Marg is parallel to Mandir Marg  and Chug Dharmsala is opposite to Hindu Mahasabha.The place is very convenient to reach from any Railway Station or Bus stand of New Delhi and Delhi.

All members/Leaders coming from outstation are to ensure their arrival in Delhi before the commencement of Dharna so that they could join the Dharna from its beginning.

All Branches are requested to send the list of the persons (in the Performa furnished below) who shall participate in the programme. The filled up proforma should reach federation headquarter within 7^th September 2010.These informations are required in connection with the accommodation  booked and  to manage the state of affairs by the Federation headquarters smoothly.

After the Dharna, an extended Federal Executive meeting shall be held on 25^th September 2010. Hence, the outstation Leaders/Members are requested book their return journey reservations in the trains not leaving before late evening of 25^th September 2010.

Printed posters are being dispatched to all within a day or two. 

            Since it is the standing decision of NFCAA that the centralized Dharna should be a grand one with the participation of representatives from all the station of country, we would like to reiterate that, we shall take final stand on 8^th September 2010 after we receive the required information sought from all Branches/Units/Stations.   

 

With warm greetings,

 

 (V.Bhattacharjee)

Secretary General

 

 

 

PROFORMA

Name of Branch:-

Date of arrival:-

 

SI. No.	Name of participant	Name of Unit	Organizational Designation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NATIONAL FEDERATION OF CIVIL ACCOUNTS ASSOCIATIONS

(All India Civil Accounts Employees Association

All India Civil Accounts Employees Association Category –II)

10/42, Old Rajinder Nagar, New Delhi: - 110060

 

No: NFCAA/HQ/A-1/2010                                                                                                                                                 Dated: 28th August, 2010

 

 

 

 

NOTICE

 

        It is for the information of all that a meeting of the Extended Federal Executive meeting  of National Federation of Civil Accounts Association will be held on 24^th and 25^th September,2010  in  Delhi to discuss the following items of agenda –

 

1. Review of the progress of the decisions of 4^th Federal Council meeting.
2. Review of the success of Mass Dharna on 24^th September2010 in support of 16 point demands and next course of action to be taken.
3. JAC functioning and common demands of Accounts and Audit Employees and officers.
4. Decisions on organizational matters.-

(a) Functioning of Branches and Units and remittance of Membership subscription

(b) Recognition of AICAEA CAT-II and review of outcome of the effort of Membership mobilization taken by AICAEA CAT II in Delhi.  

5. Common movement and our position – review of success of 7^th September2010 General Strike.

 

6. Misc. (if any with the permission of Chair).

 

The meeting being extended meeting, persons nominated by Branches/Units shall be eligible attend the meeting. 

 

 

 

 

(V.Bhattacharjee)

Secretary General

 

 

To,

All Federal Executive Members,          

All Women Committee Members,        

           All Branch Secretaries of AICAEA & AICAEA Cat- II

            Unit Seretaries of AICAEA through Branch Seretaries

 

STRIKE NOTICE

All India Civil Accounts Employees Association

(RECOGNISED BY GOVT. OF INDIA)

CENTRAL HEADQUARTER

10/42, II Floor, Old Rajinder Nagar, New Delhi-110060 Tel: 25785070

 

           All India Civil Accounts Employees Association Category -II          

CENTRAL HEADQUARTER

C/o Regional Pay and Accounts Office

Ministry of Commerce

Old CGO Building, 3^rd Floor, 101, M. K. Road Mumbai-400020 Mob:09987331948

 

 

No:-AICAEA/AICAEA CAT-II/HQ/A-2/2010/235                                                      Dated: 20^th August, 2010

 

To                   

 

The Controller General of Accounts,

Ministry of Finance,

Department of Expenditure,

Loknayak Bhawan,

Khan Market,

New Delhi-110003

                                                                                                                           

 

 Sir,

The Confederation of Central Government Employees and Workers, New Delhi vide  letter No. Conf/D-9/2010 dated: 13^th August, 2010  has served notice to the Cabinet Secretary to the Government of India that the employees who are members of the affiliates of the Confederation of Central Government employees and workers will go on one day strike on 7^th September, 2010 in support of charter of demands adopted by the Confederation.

 

            This is to give notice that the members of  All India Civil Accounts Employees Association and All India Civil Accounts Employees Association Category II being the affiliates of the Confederation of Central Government Employees and Workers, shall go on a day's strike on 7th September 2010. The charter of demands in pursuance of which the employees will embark upon one day strike action is enclosed.

 

Thanking you,

Enclo: as stated above.                                                                                               

Yours faithfully,

 (V.Bhattacharjee)                                                                                                                          (M.P.Pandit)                        Secretary General                                                                                                                         Secretary General

 

Copy to Secretary General, Confederation of Central Government Employees & Workers', New Delhi for information.

 

 

 

 

 

 

 

CHARTER OF DEMANDS

 

 

PART –A (COMMON DEMANDS)

 

1. Price rise of essential commodities to be contained through appropriate corrective and distributive measures like universal PDS and containing speculation in commodity market.
2. Concrete proactive measures to be taken for linkage of employment protection in the recession stricken sectors with the stimulate package being offered to the concerned entrepreneurs and for augmenting public investment in infrastructure.
3. Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.
4.  Steps to be taken for removal of all restrictive provisions based on poverty line in respect of eligibility of converge of the schemes under the Unorganized Workers Social Security Act 2008 and creation of National Fund for the Unorganized Sector to provide for a National Floor Level Social Security to all unorganized Sector workers including the contract/casual workers in line with the recommendation of National Commission on Enterprises in Unorganized Sector and Parliamentary Standing Committee on Labour.
5. Disinvestment of shares of Central Public Sector Enterprises (CPSEs) is not resorted to for meeting budgetary deficit and instead their growing reserve and surplus is used for expansion and modernization purpose and also for revival of sick Public Sector Undertakings.
6. Fill up all vacant posts and lift the ban on recruitment.
7.  Stop outsourcing/contractorisation of Governmental functions
8.  Regularise all daily rated workers/employees/;Grameen Dak Sewaks and remove the ceiling on compassionate appointments; end the discrimination in the bonus ceiling of GDS employees.
9. Withdraw PFRDA bill and extend the statutory defined benefit pension scheme to all Government employees.
10. Guarantee right to strike as a fundamental right of employees.

 

 

 

 

 

PART –B (DEPARTMENTAL DEMANDS)

 

1.     Formation of Department of Accounts under CGA.

2.      Upgrade LDCs by re-designating them as Acctts Assistants and following pay scales to different cadres-

Acctts. Assistant                                                                  PB-1 with Grade Pay Rs.2400   

Accountant                                                                            PB-2 with Grade Pay Rs.4200

Sr. Accountant/ Steno Gr.I                                                PB-2 with Grade Pay Rs.4600

AAO/PS                                                                                    PB-2 with Grade PayRs.4800    

  PB-3 with Grade Pay Rs.5400on   completion of 4 years.

3.     Grant of recognition to AICAEA CAT-II and implementation of Check-Off system as per Government instructions.

4.       Implementation of MACP scheme by removing its anomalies

(a) Grant of benefit of II ACP to Sr. Accountant appointed as Accountant on passing Departmental Competitive Examination conducted by SSC.

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

5.     Conversion of DEO as Accountant.

6.     Adoption of mutually agreed transfer policy in respect of AAOs and implementation of the policy transparently.

7.     Promotion of all left out non-matriculate Group-D who had qualified Departmental examination before 0ctober 2003 and restoration of 5% promotional Quota to the post of LDC.

8.      Increase promotional quota for Senior Accountant as AAO to 20% of posts of AAOs and remove condition of 53 years of age for promotion.

9.      Grant one increment and Grade pay of Rs.4800 from the day of passing AAO© examination.

10.            Supply of copies of orders/OMs of general interest of staff to the Association in terms of the Government of India as well as CGA's instructions and placement of orders/ Circulars in the website of CGA.

Notice to CGA on Branch wise Deharna on 27th August 2010

ALL INDIA CIVIL ACCOUNTS EMPLOYEES ASSOCIATION

(RECOGNISED BY GOVT. OF INDIA)

CENTRAL HEADQUARTER

10/42, II Floor, Old Rajinder Nagar, New Delhi-110060

                                             Phone 25785070  Mobile 9810320926

                      e mail v_aicaea@ yahoo.co.in

No: AICAEA/HQ/A-2/10/233-234                                                          Dated: 18^th August, 2010

 

To

            Shri C. R. Sundaramurti,

            Controller General of Accounts,

            Ministry of Finance,

            Department of Expenditure,

            Loknayak Bhawan,

            Khan Market,

            New Delhi: 110003

 

Subject: Settlement of long pending demands through mutual dialogue.

 

Sir,

 

I am directed to invite your kind attention to this Association's letter No: AICAEA/HQ/A-2/2010/108-27 dated 4^th July 2010 and No. AICAEA/HQ/A-2/10/165-166 dated 21^st July 2010 on the above mentioned subject and state that, we have not so far received any favorable response to the request made through the said letter.

 

            Therefore, on behalf of this Association, I would like to inform you that our Branches through out the country shall hold protest Dharna on 27^th August 2010 in order to register their resentment against the indifference of Civil Accounts authority towards the problems of the employees.

 

            The Association is hopeful that, you would kindly appreciate the plight of the employees and respond to the Association favorably so that resentment among the employees does not precipitate further and there is no intensification of organizational actions by the Association.

 

Thanking you,

Yours Sincerely,

 

 

 

 

(V.Bhattacharjee)

Secretary General

 

Copy to Shri M. P. Pandit, Secretary General, All India Civil Accounts Employees Association Category-II, Mumbai for necessary action.

 

 

(V.Bhattacharjee)

Secretary General

 

letters issued by apex JAC to the Finance minister, the Railway Minister and the Leader of Opposition Lok Sabha

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

 

Reference: JAC/10/2010                                                                       Date: 18^th August 2010

To

            Shri Pranab Mukharjee,

            Hon'ble Finance Minister,

            Government of India,

            134, North Block,

            New Delhi-110011

 

Sir,

            You were kind enough in 1983 to grant the Pay Scale of Assistant of Central Secretariat, to the Sr. Auditors/Sr. Accountants.

            This parity was disturbed by an order of 1992 when Assistants of Central Secretariat were granted the higher Pay Scale of 1640-2900 w.e.f. 01/01/86. The matter was taken up in National Council (JCM) and a disagreement was recorded there on in 2001.

            In 2004, the Board of Arbitration in CA reference case No. 3/2001 has given an award that the Pay Scale of 1640-2900 w.e.f. 01/01/86 may be granted to the Sr. Acctts/Auditor notionally and actually from 12/11/2001. This award has now been referred to the Parliament for rejection.

            We enclose herewith a note pointing out that such a Resolution can not be moved.

            Among other things, we have submitted that, the implementation of this Award will not involve any financial implication because we have foregone the arrears on account of this Award for the entire period from 12/11/2001 to 31/12/2005 and therefore, it is not goining to affect adversely the National Economy or Social justice – it is only on this ground that Government can request the Parliament to reject the Award.

            We therefore, request you to re-consider the decision of the Government to seek rejection of this Award from the Parliament.

            We have written this letter to you because you were the Hon'ble Minister who had considered the grant of same Pay Scale to Sr. Auditor/Accountant as is given to Assistants of Central Secretariat and particularly because we want the higher Pay Scales for the entire period from 01/01/86 to 31/12/2005 notionally.

            We also request you to be kind enough to give us time to place our above request personally to you.

Thanking you,

Yours Faithfully

Enclo: - as above

 

(V.Bhattacharjee)

Convener

 

A NOTE FOR CONSIDERATION BY HON'BLE FINANCE MINISTER, GOVT. OF INDIA

 

            From the agenda for sitting of the Lok Sabha  Business Advisory Committee held on 8.11.2010 it has been learnt that a Resolution seeking approval for rejection of Award given by the Board of Arbitration on 24.08.2004 in CA reference case No 3/2001 relating to grant of upgraded pay scale same as to Assistants of Central Secretariat service to Senior Auditors/Senior Accountants & Accounts Assistants (Railway Accounts) with effect from 1.1.1986 notionally and actual payment from 12.11.2001 is to be considered by the Lok Sabha in the week commencing from 17.08.2010.

            2. Clause 21 of the Scheme for Joint Consultative Machinery & Compulsory Arbitration (JCM & CA) is as under:

            "Subject to overriding authority of Parliament, recommendations of the Board of Arbitration will be binding on both sides.

            If, for reasons to be recorded in writing, the Central Government is of the opinion that all or any of the recommendation of Board of Arbitration should on grounds affecting national economy or social justice be modified, the Central Government shall, as soon as may be, lay before each House of Parliament the report of the Board containing such recommendations together with the modification proposed and the reasons, therefore, and thereupon Parliament may make such modifications in the recommendations as it may deem fit. Modification may extend to the rejection of a recommendation."

            The phrase as soon as may be appearing in the above clause has been defined in the guidelines according to which the Awards may be processed within a period of six months and then move a resolution seeking modification in the award for reasons to be recorded.

            Secondly, the only ground on which any award is sought to be modified should be that implementation of the award would affect "national economy or social justice".

            3. We request all members of Parliament to resist consideration of the above resolution and not allow it to be admitted for consideration for the following reasons:-

I.                    In the first place as per the guidelines framed by the Government in consultation with Staff Side of National Council, JCM, the Government was required to process the Awards as early as possible and with in a period of six months from the date of the Award.

Since the above award was given on 24.08.2004, the lee way of six months allowed to the government to process the award had expired on 24.02.2005; it is no longer open to Government now to move a resolution for rejection of this Award. Award which is binding on both parties as per clause 21 of JCM Scheme had become effective and should have been implemented.

II.                                         This Award had been discussed in the forum of National Council; JCM in which the official side had indicated that about Rs.1200 Crores by way of arrears will have to be paid for the period from 12.11.2001 if this award is implemented. The staff side had finally agreed to forgo all arrears for the period from 12.11.2001 to 31.12.2005. On and from 01.01.2006, the government has already agreed to grant the pre-revised pay scale of 6500-10500 (PB2 9300-34800) to bring it on par with Assistants of Central Secretariat. That being the case, the ground of affecting the National economy is no longer there and therefore this altogether an unwarranted Resolution.

III.                                       The Resolution should only seek that higher Pay Scale same as to the Assistants of Central Secretariat service to Senior Auditors/Senior Accounts with effect from 1.1.1986 upto 31.12.2005 shall be granted only notionally as the actual effect has already been allowed with effect from 1.1.2006 on the basis of recommendations of VI CPC.

IV.                                      It may also be pointed out that the Chairman of National council, JCM i.e. Cabinet Secretary, in the last meeting held on 15.05.2010 has also indicated that another round of discussion on all the 16 pending awards would be held and then only a final discussion will be taken.

The Resolution has been moved even before a final round of discussion in the forum of JCM is held and therefore it may not be admitted at this stage.

 

 

 

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

 

 

Reference: JAC/-09/2010                                                                               Date: 17^th August 2010

 

 

To

            Km.Mamataa Banerjee,

            Hon'ble Minister of Railways,

            Government of India,

New Delhi,

 

 

Subject: -  Resolution for rejection of Award given by the Board of Arbitration on 24.08.2004 in CA reference case No 3/2001 relating to grant of upgraded pay scale same as to Assistants of Central Secretariat service to Senior Auditors/Senior Accountants & Accounts Assistants (Railway Accounts)

 

 

Respected Madam,

 

                  It has been learnt that the Lok Sabha Business Advisory Committee is going to move Resolution in the Lok Sabha seeking approval for rejection of Award given by the Board of Arbitration on 24.08.2004 in CA reference case No 3/2001 relating to grant of upgraded pay scale same as to Assistants of Central Secretariat service to Senior Auditors/Senior Accountants & Accounts Assistants (Railway Accounts) with effect from 1.1.1986 notionally and actual payment from 12.11.2001. It has also been learnt that this Resolution is to be considered by the Lok Sabha in the week commencing from 17.08.2010.

 

                 I on behalf of the Joint Action Committee of the Accounts and Audit Employees and Officers Organizations enclosing herewith a self contained note on the subject matter for your kind consideration. I request you to kindly intervene into the matter and stop consideration of the above resolution in the Lok Sabha. 

 

With regards,

Yours faithfully

 

Encl ; as stated above. 

(V. Bhattacharjee)

Convener

 

 

 

 

 

 

 

A NOTE FOR CONSIDERATION BY HON'BLE MINITER OF RAILWAYS

            From the agenda for sitting of the Lok Sabha  Business Advisory Committee held on 8.11.2010 it has been learnt that a Resolution seeking approval for rejection of Award given by the Board of Arbitration on 24.08.2004 in CA reference case No 3/2001 relating to grant of upgraded pay scale same as to Assistants of Central Secretariat service to Senior Auditors/Senior Accountants & Accounts Assistants (Railway Accounts) with effect from 1.1.1986 notionally and actual payment from 12.11.2001 is to be considered by the Lok Sabha in the week commencing from 17.08.2010.

            2. Clause 21 of the Scheme for Joint Consultative Machinery & Compulsory Arbitration (JCM & CA) is as under:

            "Subject to overriding authority of Parliament, recommendations of the Board of Arbitration will be binding on both sides.

            If, for reasons to be recorded in writing, the Central Government is of the opinion that all or any of the recommendation of Board of Arbitration should on grounds affecting national economy or social justice be modified, the Central Government shall, as soon as may be, lay before each House of Parliament the report of the Board containing such recommendations together with the modification proposed and the reasons, therefore, and thereupon Parliament may make such modifications in the recommendations as it may deem fit. Modification may extend to the rejection of a recommendation."

            The phrase as soon as may be appearing in the above clause has been defined in the guidelines according to which the Awards may be processed within a period of six months and then move a resolution seeking modification in the award for reasons to be recorded.

            Secondly, the only ground on which any award is sought to be modified should be that implementation of the award would affect "national economy or social justice".

            3. We request all members of Parliament to resist consideration of the above resolution and not allow it to be admitted for consideration for the following reasons:-

I.                    In the first place as per the guidelines framed by the Government in consultation with Staff Side of National Council, JCM, the Government was required to process the Awards as early as possible and with in a period of six months from the date of the Award.

Since the above award was given on 24.08.2004, the lee way of six months allowed to the government to process the award had expired on 24.02.2005; it is no longer open to Government now to move a resolution for rejection of this Award. Award which is binding on both parties as per clause 21 of JCM Scheme had become effective and should have been implemented.

II.                                         This Award had been discussed in the forum of National Council; JCM in which the official side had indicated that about Rs.1200 Crores by way of arrears will have to be paid for the period from 12.11.2001 if this award is implemented. The staff side had finally agreed to forgo all arrears for the period from 12.11.2001 to 31.12.2005. On and from 01.01.2006, the government has already agreed to grant the pre-revised pay scale of 6500-10500 (PB2 9300-34800) to bring it on par with Assistants of Central Secretariat. That being the case, the ground of affecting the National economy is no longer there and therefore this altogether an unwarranted Resolution.

III.                                       The Resolution should only seek that higher Pay Scale same as to the Assistants of Central Secretariat service to Senior Auditors/Senior Accounts with effect from 1.1.1986 upto 31.12.2005 shall be granted only notionally as the actual effect has already been allowed with effect from 1.1.2006 on the basis of recommendations of VI CPC.

IV.                                      It may also be pointed out that the Chairman of National council, JCM i.e. Cabinet Secretary, in the last meeting held on 15.05.2010 has also indicated that another round of discussion on all the 16 pending awards would be held and then only a final discussion will be taken.

The Resolution has been moved even before a final round of discussion in the forum of JCM is held and therefore it may not be admitted at this stage.

 

 

 

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

 

 

Reference: JAC/-09/2010                                                                               Date: 18^th August 2010

 

 

To

            Smt. Sushma Swaraj,

            Hon'ble leader of the Opposition,

            Loksabha,

            8. Safdurjung lane,

New Delhi - 110011

 

 

Subject: -  Resolution for rejection of Award given by the Board of Arbitration on 24.08.2004 in CA reference case No 3/2001 relating to grant of upgraded pay scale same as to Assistants of Central Secretariat service to Senior Auditors/Senior Accountants & Accounts Assistants (Railway Accounts)

 

 

Respected Madam,

 

                  It has been learnt that the Lok Sabha Business Advisory Committee is going to move Resolution in the Lok Sabha seeking approval for rejection of Award given by the Board of Arbitration on 24.08.2004 in CA reference case No 3/2001 relating to grant of upgraded pay scale same as to Assistants of Central Secretariat service to Senior Auditors/Senior Accountants & Accounts Assistants (Railway Accounts) with effect from 1.1.1986 notionally and actual payment from 12.11.2001. It has also been learnt that this Resolution is to be considered by the Lok Sabha in the week commencing from 17.08.2010.

                 It may be recorded here that, while you were the Minister for Information and Broadcasting, you had kindly intervened and extended the benefit of higher pay scale to Accounts and Audit cadres at par with Central Secretariat cadres notionally w.e.f 1.1.1996 and effectively  with effect from 19-02- 2003.

                 I on behalf of the Joint Action Committee of the Accounts and Audit Employees and Officers Organizations enclosing herewith a self contained note on the subject matter for your kind consideration. I request you to kindly intervene into the matter and stop consideration of the above resolution in the Lok Sabha. 

 

With regards,

Yours faithfully

 

Encl; as stated above. 

(V. Bhattacharjee)

Convener

 

 

 

 

A NOTE FOR CONSIDERATION BY HON'BLE LEADER OF THE OPPOSITION, LOKSABHA.

 

            From the agenda for sitting of the Lok Sabha  Business Advisory Committee held on 8.11.2010 it has been learnt that a Resolution seeking approval for rejection of Award given by the Board of Arbitration on 24.08.2004 in CA reference case No 3/2001 relating to grant of upgraded pay scale same as to Assistants of Central Secretariat service to Senior Auditors/Senior Accountants & Accounts Assistants (Railway Accounts) with effect from 1.1.1986 notionally and actual payment from 12.11.2001 is to be considered by the Lok Sabha in the week commencing from 17.08.2010.

            2. Clause 21 of the Scheme for Joint Consultative Machinery & Compulsory Arbitration (JCM & CA) is as under:

            "Subject to overriding authority of Parliament, recommendations of the Board of Arbitration will be binding on both sides.

            If, for reasons to be recorded in writing, the Central Government is of the opinion that all or any of the recommendation of Board of Arbitration should on grounds affecting national economy or social justice be modified, the Central Government shall, as soon as may be, lay before each House of Parliament the report of the Board containing such recommendations together with the modification proposed and the reasons, therefore, and thereupon Parliament may make such modifications in the recommendations as it may deem fit. Modification may extend to the rejection of a recommendation."

            The phrase as soon as may be appearing in the above clause has been defined in the guidelines according to which the Awards may be processed within a period of six months and then move a resolution seeking modification in the award for reasons to be recorded.

            Secondly, the only ground on which any award is sought to be modified should be that implementation of the award would affect "national economy or social justice".

            3. We request all members of Parliament to resist consideration of the above resolution and not allow it to be admitted for consideration for the following reasons:-

I.                    In the first place as per the guidelines framed by the Government in consultation with Staff Side of National Council, JCM, the Government was required to process the Awards as early as possible and with in a period of six months from the date of the Award.

Since the above award was given on 24.08.2004, the lee way of six months allowed to the government to process the award had expired on 24.02.2005; it is no longer open to Government now to move a resolution for rejection of this Award. Award which is binding on both parties as per clause 21 of JCM Scheme had become effective and should have been implemented.

II.                                         This Award had been discussed in the forum of National Council; JCM in which the official side had indicated that about Rs.1200 Crores by way of arrears will have to be paid for the period from 12.11.2001 if this award is implemented. The staff side had finally agreed to forgo all arrears for the period from 12.11.2001 to 31.12.2005. On and from 01.01.2006, the government has already agreed to grant the pre-revised pay scale of 6500-10500 (PB2 9300-34800) to bring it on par with Assistants of Central Secretariat. That being the case, the ground of affecting the National economy is no longer there and therefore this altogether an unwarranted Resolution.

III.                                       The Resolution should only seek that higher Pay Scale same as to the Assistants of Central Secretariat service to Senior Auditors/Senior Accounts with effect from 1.1.1986 upto 31.12.2005 shall be granted only notionally as the actual effect has already been allowed with effect from 1.1.2006 on the basis of recommendations of VI CPC.

IV.                                      It may also be pointed out that the Chairman of National council, JCM i.e. Cabinet Secretary, in the last meeting held on 15.05.2010 has also indicated that another round of discussion on all the 16 pending awards would be held and then only a final discussion will be taken.

The Resolution has been moved even before a final round of discussion in the forum of JCM is held and therefore it may not be admitted at this stage.