Sunday, August 4, 2013

Circular 16

Dear Comrades,
 
Please find Circular 16-2013 posted below. Copy of the SC decision on Review petition has already been mailed to all.
 
With greetings
 
Yours fraternally,
 
M. S. Raja
Secretary General

ALL INDIA AUDIT & ACCOUNTS ASSOCIATION

CSV WARRIER BHAWAN

15/1089-90, VASUNDHARA, VASUNDHARA (P.O.), Dt. GHAZIABAD (U.P), PIN-201012

Ph: 0120-2881727/0 – 98681 45667

E-mail: auditflag@gmail.com

Website: www.auditflag.blogspot.com

 

Reference: AIA/Circular-16/2013                                                                    Dated:  3rd August 2013

 

To

Unit Secretaries,

Members & Spl. Invitees – NE &

Members of Women's Committee

 

Dear Comrades,

 

THE JUDICIAL PROCESS IN PAY PARITY ARREARS CASE REACHES ITS FINALITY-

 REVIEW PETITION DISMISSED

            The victory of Junior Accounts Assistants of Railway Accounts in the legal fight over the payment of arrears on account of upgradation of pay scales of audit and accounts employees with effect from 1.1.1996 was reported in our Circular 4 dated 26th February 2013. To make things fresh, a brief of the same is reproduced.

            The pay of UDCs in IA&AD and Assistants in CSS were at par upto the year 1919. With the implementation the Islington Commission report (on pay revision etc.), the UDCs of IA&AD were downgraded. The struggle for restoration of parity in pay scale is as old. The All India Audit & Accounts Association was formed on 15th April 1923 with the idea of forming a body that could represent to the Imperial government on the issue of restoration of pay parity.

            It took years for the 'petitioning' Association to become an Association that leads struggles on the issue parity and other issues; negotiate on the strength of struggles. After much protracted struggles and negotiations backed by agitations, the issue of parity in pay scale was partially settled in 1984 with the restructuring of cadres in IA&AD. But that left good number of personnel high and dry and the effort for total parity continued. The 4th CPC extended the parity in pay scales to all sections, including the organised Accounts that were left out of the restructuring of cadres in IA&AD, effected from 1.3.1984. (Of the Organised Accounts, Civil Accounts and Postal Accounts were an integral part of IA&AD up till 1st Sept 1976).

            The parity that was achieved in 1984 and broader parity achieved with the recommendation of 4th CPC from 1.4.1987 was breached when the government unilaterally upgraded the pay of Assistants in CSS w.e.f 1.1.1986 in 1990. The struggle for restoration of parity gained momentum under the banner of JAC of Accounts and Audit Employees Organisations.

            After a long, sustained efforts of the then JAC leadership backed by various forms of agitations including two strikes throughout the country across audit and accounts organisations, the parity was restored vide an OM dated 28th February 2003, notionally with effect from 1.1.1996 and actually from 19.2.2003.

            JAC continued its efforts to get related issues resolved through dialogue. Some of the employees from Railway accounts approached court of law in various stations for getting the upgradation of pay scale – restoration of parity – actually from 1.1.1996.

            CAT, Ernakulam upheld the contention of Shri Jose Sebastian and others that they are entitled for arrears of pay from 1.1.1996 to 18.2.2003. The case was fought at different courts by the All India Railway Accounts Staff Association, which is a constituent of JAC. The High Court of Kerala and the Supreme Court also upheld the CAT judgement.

            The government as is its wont, instead of implementing the CAT judgement universally, went on a review petition and the same bench that considered the SLP has dismissed the review petition also. HQr has mailed the copy of the judgement to all the units and a copy is enclosed along with this circular.

 

We have written to CAG

            Immediately on receipt of the copy of SC's decision on SLP filed by Government, we had written to Govt (from JAC) as well as to CAG for its universal implementation. Again we have written to CAG.

            If the government does not implement it for all similarly placed personnel – from Auditor/ Accountant to AAOs – we may also have to consider steps that will force the government to implement it for all. HQr would consult other constituents of JAC and take appropriate decision.

 

Disruptor's can never be saviours, they will always be spoilers

            Disruption was initiated by those who said that parity should be demanded only for Audit. They did not want to fight, took recourse to court. The All India Audit & Accounts Association took the stand that court cases on higher pay scale etc (not on date of effect, please note) can be a double edged sword, it can cut either way.

            The result is for everybody to see. The case, won at lower level, was rejected by SC and curative petition was also dismissed. That is the only contribution of these disruptors – i.e. they got the parity with Assistants in CSS rejected by SC, giving a handle to forever. Great contribution for the cause of Audit employees!

            There is an attempt by another section of disruptors to make claims on the victory of All India Railway Accounts Staff Association. They even propagate that it is their case, shamelessly.

 

Our Salutes

            All India Audit & Accounts Association is clear in its perspective – that on the issue of principle of parity in pay scale, courts cannot be solution and only negotiation backed by agitation will bring results. But on issues such as date of effect etc. the victory of Railway Accounts comrades are quite satisfying and we congratulate the rank and file of All India Railway Accounts Staff Association for the magnificent gift to the entirely of Audit and Accounts movements.

 

            With greetings,

                                                                                   

Yours fraternally

 

 

 

(M.S.Raja)

Secretary General