Circular 07-2009 is given below along with Confederation Circular, AO 's Association's letter to CAG and Joint Circular with AOs Association.
ALL INDIA AUDIT & ACCOUNTS ASSOCIATION
AUDIT LEKHA BHAWAN
15/1089-90, VASUNDHARA, VASUNDHARA (P.O.), Dt. GHAZIABAD (U.P), PIN-201012
Ph: 0120-2881727/4101593/ 0 – 98681 45667
E-mail: auditflag1923@gmail.com
Website: www.auditflag.blogspot.com
Reference: AIA/Circular-07/2009 Date: 18th March 2009
To
Unit Secretaries,
Members of Women's Committee &
Members & Spl. Invitees – NE
Dear Comrades,
UNLEASH SUSTAINED CAMPAIGN;
COLLECT FUND FOR KERALA COMRADES
Till this time, no response has come CAG to our letter seeking his intervention or for a meeting. But CAG has given a letter to Kolkata based units that tantamount to denial of any fundamental right to the employees and officers working in Indian Audit & Accounts Department. Copy of letter received by Com Anindya Mitra, General Secretary, P&T Audit Staff Association, Kolkata (also Asstt SG of All India Association) is enclosed herewith. All the units have received uniformly worded (threatening) letters.
This naked violation of all established norms and denial of freedom of expression as envisaged in the fundamental rights of the Constitution by the Constitutional Authority can neither be ignored nor can be accepted.
Every employee may be made aware of the attacks and made prepared for a fight back, however tough the task is.
In our fight against this totalitarian approach and denial of basic trade union rights and victimisation of activists and leaders of the movement for their involvement in the Association activities, we may go to the masses to collect funds.
In modification to the proposal given in Circular 06-2009 to contribute Rs 10/- per member towards legal fund for Kerala, it is proposed that every unit may go to the mass of employees for "Dabba" (ie tin or bucket) Collection without specifying any amount. This will take the issue close to every employee and ensure everybody's involvement. This will galvanise the movement for the fight in the days to come. (The experience in Shimla, Himachal Pradesh has been very encouraging).
All the units may, therefore, continue with the campaigns and demonstration in the coming week also.
Next week ie 23-27 March 2009 may be utilised for raising Funds for the victimised Comrades in Kerala through Dabba/Tin/bucket collections. The amount so collected should be sent to Kerala unit the next day itself.
Every effort should be taken to drive home the point that the brutal attack on the rights of the employees is taking place because of our stiff opposition to outsourcing of functions and dilution of auditorial functions. Full picture of vicitimisation of comrades in Kerala, Rajkot, Gwalior, Mumbai and West Bengal should be placed before the membership.
AOs ASSOCIATION WRITES TO CAG ON KERALA VICTIMISATION
Com S Mohan, Secretary General, All India Audit & Accounts Officers Association has written to CAG of India protesting against the dismissal of Com KA Manuel for participating in peaceful agitations. Copy of the letter is enclosed herewith.
We thank the leadership and membership of All India Audit & Accounts Association for the manifestation of Solidarity.
CONFEDERATION CALL FOR PROTEST DEMONSTRATION ON 25TH MARCH 2009
Manifesting solidarity with our fight for TU rights and against victimisation of Association leaders and activists, Confederation has called upon every affiliate and COC to organise protest demonstration on 25th March 2009 and send savingram to the Finance Minister. Confederation Circular is enclosed.
Our Units should get in touch with the local COCs for the successful implementation of the Confederation programme of 25th March 2009.
SEND TELEGRAM ON TA RULES
Please find the enclosed joint circular issued by All India Audit & Accounts officers Association and our Association.
On 20th March 2009 all the units may send the given telegram to CAG demanding acceptance of self certification on food bills and conveyance.
Report on the implementation of all programmes may be sent to Head Quarters without fail.
With greetings,
Yours fraternally
(M. S. Raja)
Secretary General
Circular.No:29
CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES AND WORKERS
E mail: confederation06@yahoo.co.in Website: confederationhq.blogspot.com.
Manishinath Bhawan, A/2/95, Rajouri Garden, New Delhi. 110 027
Phone: 011 2510 5324 Fax 011 2510 5324 Mobile: 98110 48303
Conf/ D-11/..29 /2009 Dated: 15th March, 2009
Dear Comrade,
The All India Audit and Accounts Association is one of the founding organizations of the Confederation of CGES and workers and remained its affiliate right from its inception. It has been in the vanguard of the movement of the Central Govt. employees and has a glorious history of struggles and sacrifices. Quite a number of its leaders and activists had faced punitive and vindictive actions at the hands of Audit bureaucracy in building up the movement. Through their tireless efforts, facing the tribulation with determination, the employees of IA&AD built a militant movement and led the central Govt. employees in the glorious strike actions in 1968 and 1974.
Recently the Kerala Unit of the All India Audit and Accounts Association had been on a relentless struggle against the decision of the Accountant General, Kerala to outsource some of the regular functions. To suppress the movement that gained momentum and received the support of the mass of the employees, the Accountant General resorted to vindictive actions against the union functionaries and prohibited all trade union actions within the premises. The extent of the bestial attitude of the AG Kerala and the magnitude of the problem could be seen from the enclosed resolution of the All India Audit and Accounts Association, detailing the manner and methodology adopted to ensure that no collective opposition to the policy of outsourcing ever take shape. The punitive action and the vindictiveness have reached its pinnacle in the dismissal of Com. KA Manuel, General Secretary, Audit Association, Category II, Kerala. Despite repeated plea by the All India Association, the Comptroller & Auditor General has refused to intervene in the matter and defuse the situation. Rather it appears that the Accountant General, Kerala has the tacit support of the C& AG. As could be seen from the circular letter of the Secretary General of the All India Audit and Accounts Association, the victimization does not appear to be an isolated affair at the Kerala Unit. No different is the attitude of the Audit bureaucracy elsewhere i.e. Rajkot, West Bengal, Gwalior and Mumbai.
We should consider it as a challenge to the very functioning of the unions in the
Central services and thus emanates the necessity of organizing solidarity and support actions immediately. We, therefore, call upon all affiliates and COCs to organize protest demonstrations in front of all offices on 25th March 2009 and send the following savingram to Shri Pranab Kumar Mukherjee, Hon'ble Finance Minister, North Block, New Delhi - 110 001.
SEEK YOUR INTERVENTION TO DIRECT THE CONCERNED TO VACATE ALL VINDICTIVE AND PUNITIVE ACTION AGAINST THE UNION FUNCTIONARIES AND ACTIVISTS IN THE OFFICES OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM, KERALA, RAJKOT, GWALIOR, MUMBAI AND WEST BENGAL AND SET ASIDE THE DISMISSAL OF SHRI KA MANUEL, GENERAL SECREGARY AUDIT ASSOCIATION, CAT.II KERALA.
Name of the President
Name of the organisation.
Copy of the Savingram may please be sent to the Comptroller and Auditor General of India, Bahadur Shah Zafar Marg, New Delhi as also to the Confederation CHQ.
We have also been informed by the Secretary General, All India Audit and Accounts Association that he has decided to sit in indefinite fast from 30th of this month in front of the office of the Comptroller and Auditor General at New Delhi. Further course of action would be decided in the National Executive Committee, which is scheduled to meet in the first week of April, 2009. Notice for the said meeting is being issued separately.
With greetings,
Yours fraternally,
Sd/-
K.K.N. Kutty,
Secretary General.
Resolution
This meeting of the Extended National Executive Committee of the All India Audit & Accounts Association (AIAAA) held in Thiruvananthapuram on 24 – 25 February 2009 has taken a serious note of the fact that on the one hand the issues raised by AIAAA have not been negotiated and settled for a long period since 1995. Formal meeting which used to be taking place periodically between the authorities and AIAAA either at departmental council or outside it bilaterally were not given under the pretext that AIAAA was not recognised.. Even later on when it had been recognised the meetings have been kept at informal level and no minutes have been received
Though the Comptroller & Auditor General of India in one informal meeting which took place soon after his assuming office in 2008 indicated that he would follow an open door policy permitting representatives to meet him any time, he has not kept his assurance and not a single formal meeting has been held despite of request for meeting several times. The result is a large accumulation of problems..
The IA&AD administration has commenced a policy of curbing legitimate Trade Union activities of the employees association. Even peaceful dharna is treated as violation of Rule 7 and Rule 3 of Conduct Rules only because as per instruction received from Home ministry, any meeting without permission would be violative of Rule 7. It is the considered opinion of the IA&AD administration that the fundamental right of freedom of expression manifested through demonstrations, dharna etc. have been surrendered by the employees by accepting the employment and adherence to conduct rules is a part of their contractual obligations.
In offices like Kerala, Rajkot, Gwalior, Kolkata etc., leaders and activists of organisation have been proceeded against and penalised very severely. In AG, Kerala 7% of staff numbering 100 have been served charge sheet under Rule 14 & 16 of CCS (CCA) Rules. In most of the cases the leaders of association have been given multiple charge sheets. Number of charge sheets issued would be around 10% of total strength. The CAG of India in his address to the staff at Thrissur branch of AG, Kerala and again in the meeting of staff representatives of the Kolkata based units of this association has indicated that he will not permit any demonstration, dharna etc. even during lunch hour in the compound of his offices and he would like to penalise such persons with major penalties including ouster from service invoking Rule 5 of CCS (Conduct) Rules. He has declined to discuss cases of victimisations for legitimate Trade Union action treating them as individual cases of indiscipline to be dealt with as such under the provisions of CCS (CCA) Rules.
This meeting has therefore concluded that IA&AD administration on the one hand are evading settlement of pending issues and have not agreed to have negotiations. On the other hand they want to impose a total ban on all legitimate trade union protest programmes by the staff association with a threat of disciplinary actions resulting in major penalties including removal from service etc. Therefore, the meeting of the view that the audit/accounts employees have to launch counter offensive and assert their fundamental right of freedom of expression through peaceful means of dharnas, demonstrations etc. including go slow and strike action with a view to ensure that the fundamental right of association are duly respected and authorities sit across the table to negotiate with the representatives of employees to settle the long pending demands.
This meeting with all the emphasis demands that all the disciplinary proceedings for trade union programmes of dharna, demonstration etc. wherever launched by the authorities should be vacated because these charge sheets are violative of fundamental right of freedom of expression and hence ultra vires of constitution. There is no question of treating these cases as individual indiscipline as they have been invoked against leaders and activists of employee's organisations and being un-constitutional in the nature of everything the fundamental right of freedom of expression must be vacated. So far Kerala office is concerned the massive dose of such unconstitutional charge sheets and proceedings have totally vitiated the employer-employee relation in the office. Therefore, it is demanded that the perpetrator of such action ie. Accountant General, Kerala should be shifted from that office which he had been working for more than 4 years in public interest so that the harmony in the employer-employee relation which is a pre-requisite of the efficient functioning of office is restored. The meeting has authorised the Secretariat to device concrete methods where by the message of this resolution is conveyed to the CAG and the authorities in IA&AD.
The meeting has directed the Secretarial t for a sustained programmatic approach till the objectives set are fully realized
****
Situation in AG Kerala leading upto dismissal of Com KA Manuel
In June 2006, the Accountant General (A&E) insisted that the Staff Side (we are the majority) approve the minutes finalised by him in the first meeting of the office council (the lowest layer under the JCM scheme for CG employees), where in issues not discussed/stated were incorporated. The refusal of staff side for approving the minutes unilaterally drafted was the first open confrontation.
Soon after that the Accountant General decided to outsource the work of data entry related to one rank-one pension scheme of state employees, without consulting the recognised Associations. (It is a work on which the employees are entitled to get honorarium). The outsourcing of such a work would ultimately put the onus of any error at the data entry level on the AG's office staff who will be authorising the payment with all responsibility.
Agitations against this were started. The Accountant General during this period issued two letters to the membership (one as an article in the internal magazine) ridiculing the Associations, its past struggles and called the leaders who led struggle in the past as self seekers. He questioned the work culture and stated that majority of the employees do not work.
This led to acrimonious exchanges and the relation stooped to new low, there were no meetings with the staff side and Accountant General.
Immediately thereafter in November 2006, one of the leading activist of the Association was suspended for raising doubts in the meeting convened by the Accountant General. A long drawn agitation started with mass dharna.
The dharna was called off at the intervention of Com VS Achuthanandan, Chief Minister on the assurance given by the AG to CM that once the agitation was called off he would withdraw the suspension. Though the suspension was withdrawn by the AG after a reminder from CM, he started initiating disciplinary proceedings under Rules against scores of leaders and activists.
But the victimisations continued. In November 2007, indefinite fast against the victimisations started which lasted 38 days.
The table below gives picture of the extent of victimisation in Kerala.
| | ( A &E ) | AUDIT | TOTAL |
| RULE – 14 | 19 | 13 | 32 |
| RULE – 16 | 52 | 5 | 57 |
| TOTAL | 71 | 18 | 89 |
| | (A&E) | AUDIT |
| Denial of promotions | 10 | 5 |
| Reversion from Deputation | 7 | 1 |
| Break in Service | 15 | 33 |
Reversion (to the min. of LDC (with no increment for 5 years) from the scale of 4500-7000) ----- -- 1 (A&E)
Reversion from Sr.Accountant to Accountant ------------------------------ 1
DIES –NON --- AG (A&E)
Upto 40 Days ---- 300 (Approx)
Further chargesheets have been issued under Rule 16 of CCS (CCA) Rules to 23 leaders and activists of the Association since 7th July 2008 in AG (A&E) where as for the same charges Four comrades have been chargesheeted in the O/o PAG (Audit) under Rule 14- major penalty.
The employees and officers (ie SO/AAO) meeting Accountant General on personal matters are asked which organisation they belong to and why don't they resign from the Association
Com Manuel, General Secretary, Audit Association Category II (i.e. Section officers/Assistant Audit Officers) has been served with three Rule 14 chargesheets of which enquiry in one case is over and he has been dismissed from service. The order was served on 5th March 2009. he has got 16 years of service left.
Situation in other Stations
President of Civil Audit Association, Rajkot, Gujarat was first posted to inspection party and in August 2008 was kept under suspension which extended beyond 3 months. The reason is nothing but his leading role in the organisation.
In West Bengal, former President of All India Association and former General Secretary of WB Units are proceeded against under Rule 14 of CCS (CCA) Rules, 1965 for presiding over a meeting of daily wage workers and leading agitation demanding minimum remuneration to them. Com Gautam Pramanick was chargesheeted a fortnight before his superannuation.
In Mumbai dies-non is invoked for participating in lunch hour demonstration.
In Gwalior, many comrades are victimised for participating in an agitation in 1997 against the then Accountant General. Former Addl SG of Association Com OP Tiwari was compulsorily retired on the eve of his superannuation and his pension was reduced by 20%.
As the enclosed resolution states CAG himself has stated in Thrisur as well as at Kolkata that he does not believe in minor penalties and won't hesitate to use Rule 5 (of CCS (TS) Rules)
Organisational Response
All India Audit & Accounts Association has called upon every unit to hold protest demonstrations and observe black week from 16-20 March 2009.
We have given a letter to CAG seeking intervention and positive response in a fortnight's time.
We have given circular to units saying that Secretary General would commence indefinite fast from 23rd March before CAG's office and to be followed by unit leaders from 25th March in each station with massive demonstration.
********
ALL INDIA AUDIT AND ACCOUNTS OFFICERS ASSOCIATION
&
ALL INDIA AUDIT AND ACCOUNTS ASSOCIATION
Joint Circular- 2-2008-09 Date: 15th March 2009
To
National Executive Committee Members,
Spl. Invitees, Unit Secretaries,
Members of Women's Committee, of Both Federations,
Protest the Clarification on TA/DA by Sending Telegrams on 20th March 2009.
Dear Comrades,
The 6th CPC in its recommendations on the subject of TA/DA observed, "These rates are grossly inadequate. Most of employees and their Service association have requested rationalisation of the present entitlements of Daily Allowance for stay in hotels. The Fifth CPC had also observed that considerable difficulties were being faced by officials in securing decent accommodation while on official tour and had recommended accommodation entitlements ranging from reimbursement of actual expenditure incurred towards normal single room rent in a hotel of a category not above 5 star in case of Top Executives and to any hotel up to a specified amount, for auxiliary staff while on official tour. These recommendations were not accepted. The situation today is, therefore, that the existing rates are totally unrealistic and Government employees, while on official tour, are unable to find any decent accommodation at the prevailing commercial rates. Accordingly, the rates of daily allowance have to be modified appropriately." Whereas The Ministry of finance, Department of Expenditure clarified that the Rates of Daily Allowance on Tour may be regulated either in accordance with provisions of this Department OM Dated 23.09.08 or as per the old rates prevalent prior to the issue of said OM, whichever claimed by the employee. It further stressed that the option to claim will be available as a complete package for a particular tour and not be part of either orders. In other words, officers may choose to be governed either by orders dated 23.09.08 or 17.04.98 in regard to daily allowance on Tour.
By the above clarification, the Government of India has issued highly illogical clarification reversing the spirit of the recommendations of the VI CPC and its acceptance by the Government thus denying the benefit of 6 CPC recommendations on Daily allowance to its Employees/Officers while on official Tour if they are not in a position to produce the receipts for reimbursement.
In short the latest clarification by the Government of India on travelling allowance did not render justice to its employees and on the contrary, it simply brushed aside the spirit of 6CPC observations and has placed the Employees/Officers in the most disadvantageous position. Further the Clarification was so hallow on settlement of TA bills of its employees pertaining to the past periods. Due to this confused clarifications each employee/Officer will loose the reimbursement of expenditure incurred during official tour ranging from Rs.3000 to Rs.5000 per month in the Indian Audit and Accounts Department from September onwards.
The simple solution to the whole problem is to remove the word 'reimbursement" from the Office Memorandum on Travelling Allowance Rules – Implementation of Sixth Central Pay Commission.
By this, the Government is refusing to accept certificates by the claimants resulting in need for impractical documentation and likely variations in procedures for settlements of TA and DA claims. According to GFRs even certificate of payments including self certification as a valid document for reimbursement of expenditure. The scheme of daily allowance has been turned into a quagmire from which the Audit Employees and Officers can not get out without personal loss every time they proceed on tour. The scheme of "reimbursement "is unworkable and would only result in personal loss to the employees and Officers who have to be on tour duty for prolonged periods and hence it is unacceptable.
The Government challenged its own employees and Officers that if they want to avail the modified rates then they have no other option but to produce food bill and vouchers for travel Charges. It demeaned our struggle for the past one decade to change our DA rates. Moreover it denied the pay commission recommendations in respect of DA/TA revision to its employees and Officers.
In order to ventilate our anger and anguish to the Department of Expenditure, Finance Ministry, Government Of India, and demand that the C&AG immediately permit reimbursement on self certification basis by the claimants and provide relief to the Employees and Officers of Indian Audit and Accounts Department the Federations call for observing a Protest Day on March 20th 2009 by sending telegrams by the individual members of the affiliated units.
Yours Fraternally, Yours Fraternally,
Sd/- Sd/-
(M. S. Raja) (S. Mohan)
Secretary General Secretary General
All India Audit & Accounts Assn All India Audit and Accounts
Officers Association.
Draft Telegram
TO
ARGEL,
New Delhi
"The members are finding it too difficult to obtain receipts for food and transport expenses while on tour duty. Pray immediate intervention in the matter to accept self certified statements for regulating claims".
Name of the Member,
Name of the Association,
Address of the Association.
ALL INDIA AUDIT AND ACCOUNTS OFFICERS ASSOCIATION
(Recognised by the Comptroller and Auditor General of India)
Ref. No. 59/NGE(JCM) 27-2006(Vol-II) dt. 12-03-2007
SECY. GENERAL: S. MOHAN PRESIDENT: S.V.DESHPANDE
Old No.4, New No.7, First Street, Telang Niwas,
V.V. Colony, Adambakkam, Tikekar Road, Dhantoli,
Chennai – 600 088. Nagpur – 440012.
Mobile No :09445040751 Mobile No : 09423681336
No. AIAAAOA/CAG/Corres/2008-09/39 17.03.2009
To
The Comptroller and Auditor General of India,
O/o Comptroller and Auditor General of India,
New Delhi. 110002.
Kind Attention: Pr.Director of Staff
Sir,
I am to invite your kind attention to the disciplinary case of Shri KA Manuel, Assistant Audit Officer who is General Secretary, Audit Association Category II, O/o Pr Accountant General (Audit), Kerala and has been awarded with a major penalty of dismissal from service for having participated in agitation organized by the recognized Association affiliated to All India Audit and Accounts Association which is also recognized.
Organizing protest programmes to ventilate the grievances of the membership is one of the legitimate democratic functions of any employees association and participating in such agitations cannot be considered as an act of indiscipline. Therefore awarding a penalty of dismissal from service for having participated in such democratic exercises of the association is not only an undemocratic act but also exhibits a mental set up of colonial and dictatorial administration. Further it creates a stressful environment which hinders the process of delivering a best out put from the common staff and Officers in the Office.
It is our considered opinion that the issue can be resolved and normalcy in the O/o The Accountants General, Kerala can only be restored by the direct intervention at the level of C&AG. I therefore request that C &AG may kindly intervene in the matter immediately and ensure normalcy is restored so that Staff and Officers of that office are able to perform their functions in congenial atmosphere with mutual trust.
Therefore our Federation appeals to C&AG to immediately intervene in the matter and render justice to the aggrieved employees and restore normalcy in the O/o The Accountants General Kerala.
Thanking you in anticipation,
Yours faithfully,
S.Mohan
Secretary General
