Saturday, August 14, 2010

Circular 23 and Note for MPs

Dear Comrade
Pl find posted below the Cricular 23-2010 along with JAC Circular 08 and a note for MPs
with greetings
MS Raja
Secretary General



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

Ph: 0120-2881727/4101593/ 0 – 98681 45667



Reference: AIA/Circular-23 /2010                                                            Dated: 14th August 2010



Unit Secretaries,

Members & Spl. Invitees – NE &

Members of Women's Committee



Dear Comrades,




            While the National Executive Committee was in session in the head quarters of our Association, we got information from Com Basudev Acharya, MP (Leader of CPM in Lok Sabha) that the government has included the resolution for rejection of arbitration award in CA reference no 3 of 2001 – i.e. the award granting pay of Assistants in Central Sectt to Senior Auditors and Senior Accountants and Accounts Assistants of Railways – in the business of coming week commencing from16th to 20th August 2010.     

            A delegation of Confederation comprising Coms SK Vyas, KKN Kutty, MS Raja and V. Bhattacharjee met Com Acharya on 13th August 2010. We were informed that the resolution to reject the award on audit-accounts pay scale will come in the coming week for admission, any day, any time. It was also conveyed that two other resolution for rejection of awards – on leave encashment (1989) and transport allowance (2005) have already been moved and admitted in May 2010.

            The National Executive took serious note of the development and decided to mobilise the entirety of audit and accounts employees and officers against total negation of justice to audit and accounts cadres.

            The National Executive decided – in consultation with other constituents of JAC - to hold the following protest actions immediately:


1.                  Lunch hour demonstration for three days on 16, 17 and 18 August 2010

2.                  Adopt telegraphic resolution in the general body meeting and hand over of  the resolution on 19th August 2010.

3.         Send telegraphic resolution on conclusion of mass deputation to: 1. Speaker of Lok Sabha, 2. Chairman of Rajya Sabha and 3. CAG of India


            Text of telegraphic resolution is given in the enclosed JAC Circular.

            Every Unit may contact the local MPs and try to elicit their support. A brief note for the purpose is also enclosed.


            With regards

Yours fraternally



(M.S. Raja)

Secretary General



            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 recommendations."


            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 have 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.






Ph. 0120-2881727/011-2578 5070



Reference: JAC/Circular -08/2010                                                Date: 14th August 2010




Chief Executives of

Constituent Organisations &

Conveners, Local JACs


Dear Comrades,



            Is it not a shocking news that Government have moved a Resolution in the Parliament seeking rejection of the award for grant of higher Pay Scale at par with & as admissible to Central Secretariat Assistants to the Senior Accountants / Senior Auditors i.e. Rs.1640-2900 w.e.f. 01.01.86 & 5500-9000 w.e.f. 01.01.1996 even notionally when the financial implications are nil.


            It is really strange that when VI CPC has recommended that there should be no disparity upto the level of Assistants in the Pay Scale of posts of Central Secretariat & equivalent posts in other offices & recommended the Pay Scale of Rs.6500-10500 granted to Assistant of Central Secretariat (by merging the Pay Scale of Rs.5000-8000, Rs.5500-9000 & 6500-10500) for Senior Accountants/Senior Auditors (corresponding PB-2 Rs. 9300-34800 along with Grade Pay of Rs.4200), the Government have gone ahead and placed the Assistants of Central Secretariat in the PB-2 with Grade Pay of Rs.4600 thus reintroducing the disparity in Pay Scales of Central Secretariat Assistants and the equivalent posts in other offices.

            As per the JCM Scheme, Government may move a Resolution seeking rejection of only such awards which if implemented would adversely affect the national economy or social justice.

            Since no financial implications are involved in implementation of the above award, the motion seeking its rejection is totally unwarranted under the above JCM norms.

            As the, Government has already tabled this unwarranted motion, we have to unite & mobilise for action.

Apex JAC therefore call upon every constituent organisation and its field formations in each state/station to organise massive protest actions against the attack on our legitimate entitlement in the form of motion in the Parliament seeking rejection of our above award.

Hold Lunch break demonstrations on 16th, 17th & 18th August demanding withdrawal of above motion and implementation of award notionally.

Organise Mass Deputation to the Head of office on 19th August 2010 and send enclosed telegraphic Resolution.

            With warm regards,


Yours fraternally,



(V. Bhattacharjee)


Text of Telegraphic Resolution


         Pray persuade Government to withdraw the motion tabled in Parliament seeking rejection of award in CA NO 3 of 2001 or atleast hold it in abeyance till this issue is further discussed in the JCM forum.