Tuesday, January 28, 2014

JOINT ACTION COMMITTEE OF
ACCOUNTS & AUDIT EMPLOYEES & OFFICERS ORGANISATIONS
17/2 – C, P & T Quarters, Kali Bari Marg, New Delhi: - 110001
Email: v.aicaea@mail.com

No: JAC/ Circular-3/2014                                                                              Date: 24th January, 2014
                                                                                                            
To
            Chief Executive of Constituent Organizations             
            and Conveners, local JACs,

Dear Comrades,
            It has been learnt that, as was decided by us, the constituents of apex JAC while serving the strike notice on 21st January 2014 for 48 hours strike on 12th and 13th February 2014 submitted the Charter of Demands adopted by apex JAC as Part – II of the Charter of Demands. We request all the Chief Executives of constituents of apex JAC to forward the copy of the strike notice to apex JAC Headquarters.

HOLD CONSTITUENT WISE DHARNA ON 29TH JANUARY 2014

            In pursuance of the decision taken in the Joint National Executives meeting of constituents of apex JAC held on 11th January 2014, all constituents are requested to direct their Units/Branches to hold day long Dharna on 29th January 2014 independently.
            All Conveners of local JACs are requested to hold meeting of the constituent organizations, co-ordinate with all local constituents and ensure that the programme is implemented by all the constituents. They are also requested to send a report after the Dharna on 29th January, 2014 to apex JAC headquarters.
            Places/stations where the local JACs are not functioning, local constituents are requested to come in touch with each other by taking initiative on their own and form local JAC immediately and ensure implementation of the programme of 29th January 2014. However, if they find that, due to paucity of time, local JAC would not be possible to be formed immediately, adhoc arrangement may be made and the full-fledged local JAC may be formed in a later date after the Dharna.
            Leaders of Co-ordination Committees may be invited to address the lunch hour meeting at the Dharna spot. They may be requested to extend solidarity and support to the struggling Accounts and Audit Employees & Officers and also explain the necessity of participating and making the 48 hours strike on 12th & 13th February, 2014 successful.
            A Resolution may be adopted in the launch hour meeting and forwarded to all concerned. The text of the resolution to be adopted is furnished overleaf.
With warm greetings,
Yours fraternally

Sd/-
(V. Bhattacharjee)
Convener
RESOLUTION

            This lunch hour meeting of the members of ___________________________________ (name of Association) held today the 29th January 2014 as a part of the Day long Dharna which was organised in response to the call of the apex level Joint Action Committee of the Accounts and Audit Employees and Officers Organizations urges upon the government of India to settle the following demands of the employees & officers of Accounts and Audit Organizations.

1.      Payment of arrears of Pay from 1st Jan 1996 to 18th Feb 2003 as directed by Courts to Audit & Accounts cadres.
2.      i) Upgradation of LDC as Audit/Accounts Assistant and merger of Auditor/Accountant and SA
ii) Granting following pay scales to Audit & Accounts Cadres
                                                Audit/Accounts Asstt - GP 2400. PB 1
                                                SA                                 - GP 4600, PB2
                                                AAO                                - GP 5400, PB2
                                                AO                                 - GP 6600, PB3
                                                SAO                                 - GP 7600, PB4
iii) Granting MACP on departmental hierarchy basis
iv) Granting one increment and Grade pay of Rs: - 5400 from the day of passing AAO/SOG examination
  v) Granting three increments on passing departmental confirmatory examination.
         3. Implementation of Arbitration Awards
                The meeting also endorsed the call of 48 hours strike on 12th and 13th February 2014 given by the Confederation of Central Government Employees and workers demanding settlement of 15 point Charter of Demands relating to DA merger, Interim Relief, Statutory Pension for All, Civil Servant status for GDS (Postal) Employees, Regularization and Revision Of Wages Of Casual/Contract Laborers, Removal of condition for compassionate appointment, settlement of 6th CPC Anomalies, Proper Function Of JCM, Implementation of Arbitration award, Containing Price rise, Stoppage of Privatisation and Contractorisation, Five promotions for all, Trade Union right to CG Employees and vacation of all victimization etc. and calls upon the members of the Association to participate and make the strike a grand success.

            The meeting further resolves to forward the copies of the resolution adopted to the

1.      Hon’ble Finance Minister, Govt. of India, North Block. New Delhi.
2.      Hon’ble Secretary Expenditure, Ministry of Finance, Govt. of India, New Delhi.
3.      Head of the Organization/Department.
4.      Convener, apex level JAC of Accounts & Audit Employees & Officers Organization.
5.      Secretary General/General Secretary……………….



President of the meeting

5 comments:

Rajiv Pathak said...

Subject:- Details of Court cases in Central Administrative Tribunals in Delhi and other States in India regarding the Restructuring of Organised Accounts Cadre by the Central Government in April`1987 and their clarification in the matter regarding an elevation of post due to cadre restructuring (as done from 01.04.1987) the elevation from Accountant to Sr. Accountant, given to an employee due to the policy of that cadre restructure, should not be considered as promotion.

I am giving references of three court cases in Central Administrative Tribunals in Delhi and other States in India which clearly shows the Elevation / Promotion of Accountants to the Post of Senior Accountants in the Organised Accounts Cadres in different departments of the Central Government :- i.e

(1).In POSTAL ACCOUNTS ,

(2).Railway Accounts cadre and

(3). A court case referred to by the NATIONAL FEDERATION OF CIVIL ACCOUNTS ASSOCIATIONS (All India Civil Accounts Employees Association All India Civil Accounts Employees Association Category –II) 17/ 2–C, P & T Quarters, Kali Bari Marg, New Delhi-110001 in one of their latest Blogs in which they have referred to a judgement delivered in Nagpur High court case, where it was declared in the High court that when an elevation of post occurs due to cadre restructuring (as done from 01.04.1987) the elevation from Accountant to Sr. Accountant, given to an employee due to the policy of that cadre restructure, should not be considered as promotion.

These facts are needed to be verified in consultation with the Law Ministry, the Ministry of Finance, DOPT and office of the Controller General of Accounts, Ministry of Finance, Department of Expenditure, Lok Nayak Bhawan, Khan Market, New Delhi.

I would be grateful, the court cases mentioned below in the blogs are verified by your respective offices/organization in the matter of promotion / Elevation to the post of Sr. accountant from the post of Accountant is not to be treated as a promotion after the Restructuring of Accounts cadre in April`1987 in the Organised Accounts Cadre decided by the Ministry of Finance, Department of Expenditure, North Block, New Delhi and further the facts are required to be clarified for the benefit of the Accountants and Senior Accountants who are working under the office of the (1).The Controller General of Accounts, Ministry of Finance, Department of Expenditure, Lok Nayak Bhawan, Khan Market, New Delhi. (2).The Organised Accounting Organisation of the Postal Accounts and (3). The Organised Accounting Organisation of the Railways.

In view of the details mentioned above ,the cases of Restructuring of the Organised Accounts Cadre in April`1987 in different departments of the Central government may be Examined/Re-examined by the respective departments of (1).The Controller General of Accounts, Ministry of Finance, Department of Expenditure, Lok Nayak Bhawan, Khan Market, New Delhi. (2).The Organised Accounting Organisation of the Postal Accounts and (3). The Organised Accounting Organisation of the Railways to decide the matter of promotion / Elevation to the post of Sr. Accountant from the post of Accountant is not to be treated as a promotion as mentioned in the respective court cases indicated in the enclosed papers.(the copy of the details of the separate Court cases quoted in the separate blogs are enclosed for reference and may kindly be taken up with the respective offices for a favourable decision in the matter).

Rajiv Pathak said...

Details of Court Cases which describe the Elevation to the post of Sr. Accountant from Accountant is not a promotion:-

(1).FIRST Court case which describes the Elevation to the post of Sr. Accountant from Accountant is not a promotion:-

NATIONAL FEDERATION OF CIVIL ACCOUNTS ASSOCIATIONS
(All India Civil Accounts Employees Association
All India Civil Accounts Employees Association Category –II)
17/2–C, P & T Quarters, Kali Bari Marg, New Delhi-110001.

THE NATIONAL FEDERATION OF CIVIL ACCOUNTS ASSOCIATIONS (All India Civil Accounts Employees Association needs to find out about the below mentioned cases THE POST OF SR. ACCOUNTANT FROM THE POST OF ACCOUNTANT IS NOT TO BE TREATED AS A PROMOTION:-

No. NFCAA/HQ/A-1/2014/Cir-1 Dated: 19th January, 2014
Sunday, January 19, 2014
Agenda No:-4

4.d.Elevation to the post of Sr. Accountant from Accountant is not a promotion:-

As per a judgement delivered in Nagpur High court case, it was declared in the High court that when an elevation of post occurs due to cadre restructuring (as done from 01.04.1987) the elevation from Accountant to Sr. Accountant, given to an employee due to the policy of that cadre restructure, should not be considered as promotion.

Further, as per the judgement given in respect of the case of one Accounts Assistant from Southern Railway, Chennai, the judgement was delivered in all the levels, namely, CAT, CHENNAI, HIGHCOURT CHENNAI AND SUPREME COURT, ND, the contention of the employee that elevation of post from Accountant to Sr. Accountant, done due to policy change or cadre restructure done in organised Accounting Cadre, is not to be considered as promotion at all.
In view of the above facts, it was decided that this matter shall be taken up with CGA.

Rajiv Pathak said...

Details of Court Cases which describe the Elevation to the post of Sr. Accountant from Accountant is not a promotion:-

2. IN THE SECOND CASE - displayed by THE ALL INDIA POSTAL ACCOUNTS EMPLOYEES ASSOCIATION (AIPAEA) in their official blog clearly indicates that –
It is requested to honour the spirit of the judgment in OA 1066/2011 and implement the same by giving the benefit of 2nd financial up-gradation ignoring the promotion from Junior Accountant to Senior Accountant cadre.

The full address of the THE ALL INDIA POSTAL ACCOUNTS EMPLOYEES ASSOCIATION (AIPAEA) Organization highlighting the principles of unity & struggle in the said court case for the benefit of the employees is All India Postal Accounts Employees Association, CHQ, 13-B, New Mahavir Nagar, Type-IV, DDA Flat, New Delhi – 110 018. (Affiliated to National Federation of Postal Employees. (M) 09868451466 & 09912348500 E-Mail aipaea2009@gmail.com

To Implement the Hon. Principal CAT, Delhi order in OA 1066/2011 filed by AIPAEA. This Association has filed a case in the Hon. Pr.CAT, Delhi seeking a direction to give the benefit of 2nd financial upgradation under ACP ignoring the promotions due to up-gradation of Junior Accountant posts to Senior Accountant. Earlier the O.A 955/210 by this Association in the similar matter has been remitted to the authority for considering the representation of the AIPAEA. The representation was submitted to DDG(PAF) and the same was rejected vide the order dated 28.12.2010. This is challenged and Hon. Pr. CAT quashed the memo dated 28.12.2010 and remitted back to the respondents for taking a fresh decision in this regard. It is requested to honour the spirit of the judgment in OA 1066/2011 and implement the same by giving the benefit of 2nd financial up-gradation ignoring the promotion from Junior Accountant to Senior Accountant cadre.

Rajiv Pathak said...

Details of Court Cases which describe the Elevation to the post of Sr. Accountant from Accountant is not a promotion:-

3. IN THE THIRD CASE –

This case clearly indicates that the upgradation from Jr. Accounts Asstt. to Accounts Asstt. in terms of restructuring of the posts in the ratio of 20:80 does not amount to promotion.

Supreme Court Judgement in respect of 3rd MACP to accounts staff - November 6, 2013 by Ram Leave a Comment

Decision of Hon’ble Supreme Court in respect of 3rd MACP to accounts staff-AIRF to Railway Board No.AIRF/227(213)

Dated: October 30, 2013

To,
The Secretary (E),
Railway Board,
New Delhi.

Dear Sir,

Sub: Implementation of the judgment of the Hon’able Supreme Court.

Ref: (i) AIRF’s letter No.AIRF/227(213) dated 26.08.2013

(ii) Board’s letter No.PC-V/2011/M/3/AIRF dated 07.10.2013

Apropos above, the reply of the Railway Board, contained in their letter under reference, is highly disappointing and unacceptable to us. Mere reiteration of Board’s earlier letter cannot justify the stand of the administration, as the Hon’ble Supreme Court dismissed the Special Leave Petition filed by the administration.

The apex court held in the said judgment that, if any restructuring of posts takes place, it does not amount to promotion. Accordingly, the office of the FA&CAO /S&W /PER/ SR vide Memorandum P.535 /S&W /PER / ADMN / FIX/ MACP dated 17.09.2012 accorded financial upgradation of Grade Pay of Rs.5400 to Shri V. Venkataraman, Accounts Assistant/ FA & CAO / S& VV / PER / SR. This clearly indicates that the upgradation from Jr. Accounts Asstt. to Accounts Asstt. in terms of restructuring of the posts in the ratio of 20:80 does not amount to promotion.

According to Article 141 of the Constitution of India, policy decision, delivered on the particular subject by the Hon’ble Supreme Court of India, is binding upon the Government of India.

The Board are, therefore, again urged to re-examine the issue In the light of the facts appraised above and grant the benefit of the 3rd MACP (GP Rs.5400) to all the eligible Supervisory Staff whose initial appointment was CG-II/Accounts Clerk.

An early action in the matter shall be highly appreciated.

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
General Secretary


Rajiv Pathak said...

REFORMS IN PROMOTIONAL AVENUES FOR THE POST OF ACCOUNTANTS AND SENIOR ACCOUNTANTS WORKING IN THE PAY AND ACCOUNTS OFFICES UNDER THEOFFICE OF CGA,MINISTRY OF FINANCE,DEPTT OF EXPENDITURE,LOK NAYAK BHAWAN,NEW DELH WORKING UNDER THE CENTRAL GOVERNMENT TO BE INCLUDED IN THE LIST OF DEMANDS TO BE FORWARDED TO THE CGA,MINISTRY OF FINANCE,DEPTT OF EXPENDITURE,LOK NAYAK BHAWAN,NEW DELH.

IN EVERY DEMAND FORWARDED TO THE CGA OFFICE, MINISTRY OF FINANCE, DEPTT OF EXPENDITURE,LOK NAYAK BHAWAN,NEW DELH,THE QUESTION OF PROMOTIONAL AVENUES FOR THE POST OF ACCOUNTANTS AND SENIOR ACCOUNTANTS WORKING IN ALL THE PAY AND ACCOUNTS OFFICES UNDER THE OFFICE OF CGA,MINISTRY OF FINANCE,DEPTT OF EXPENDITURE,LOK NAYAK BHAWAN,NEW DELH ARE NOT BEING SERIOUSLY TAKEN UP OVER THE LAST MANY YEARS.DUE TO THIS AN ACCOUNTANT PROMOTED TO THE POST OF SENIOR ACCOUNTANT AFTER THREE YEARS REMAINS IN THE SAME POST AFTER A SPAN OF 35 YEARS.

THAN HOW YOU CAN ACCEPT THIS SERVICE BEING PROGRESSIVE UNDER THE CENTRAL GOVERNMENT.

I HOPE THE NATIONAL FEDERATION OF CIVIL ACCOUNTS ASSOCIATION WILL SERIOUSLY TAKE UP THE MATTER ON A NATIONAL LEVEL, SO THAN SENIOR ACCOUNTANTS ARE NOT MADE TO SUFFER ANY LONGER IF THEY HAVE NOT PASSED THE JAO/AAO CIVIL EXAMINATION DUE TO ANY REASON.IF ANY PERSON HAS NOT PASSED THE EXAMINATION,DOES THIS RENDER HIM INELIGIBLE FOR ANY FURTHER PROMOTIONAL AVENUES IN SERVICE IN THE DEPARTMENTALISED ACCOUNTING ORGANISATION.

I HOPE AT LEAST 5 UPWARD TIME BOUND PROMOTIONS MAY BE GIVEN TO A SENIOR ACCOUNTANT EMPLOYEE DURING THE COURSE OF CENTRAL GOVERNMENT SERVICE IN A SPAN OF 35 YEARS.

PROMOTIONS MAY BE GRANTED IN THE SAME WAY AS OFFICERS OF GROUP “A” GET.I.E.AT LEAST 7 TO 8 TIME BOUND UPWARD PROMOTIONS UNDER THE OFFICE OF THE CONTROLLER GENERAL OF ACCOUNTS MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI.

A GROUP “A” OFFICER ON HIS APPOINTMENT AS ASSTT CONTROLLER OF ACCOUNTS ON HIS FIRST APPOINTMENT WITH IN A SPAN OF 32 YEARS BECOMES THE HEAD OF THE ORGANISATION AS THE CONTROLLER GENERAL OF ACCOUNTS . HOWEVER, IN THE SAME ORGANISATION AN ACCOUNTANT ONLY BECOMES A SENIOR ACCOUNTANT WITHIN A SPAN OF 32 YEARS. THE BENEFITS OF UPWARD PROMOTIONS IN SERVICE IS BEING TOTALLY DENIED TO THE GROUP “B” AND “C” EMPLOYEES OF PAY AND ACCOUNTS OFFICES UNDER THE CENTRAL GOVERNMENT.THANKS.