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: 18th 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: 17th 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: 18th 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.
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