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Wednesday, January 14, 2015

CIRCULAR - 1/2015

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


Wishes you and family
Happy & Prosperous
New Year
2015

Reference: AIA/Circular-01/2015                                                         Dated:  2nd January 2015

Dear Comrades

2015 is born. Let us hope it would be better than 2014.

When hoping 2015 to be better than 2014, we should go back and see how 2014 had been for us, the audit and accounts employees, the central government employees, the workers and the common people at large.

The 7 CPC started its functioning, had preliminary interaction with the participating organisations in National Council, JCM and slowly and slowly slowed down. The demands of the employees for Interim Relief and DA merger have not yet been conceded. The new government that came to power after the General Elections to the Lok Sabha in April-May 2014 – giving beautiful dreams to the people at large – has immediately on its assuming charge imposed ban on recruitment and creation of posts. 100% FDI in Railways, 49% FDI in Defence productions & Insurance are glimpses of the promised “Acchhe Din” (good days) that are visible as of now.

The Department formally has recommended the pay scales to the CPC that we have been demanding and shared the memorandum with us.

Most commendable development is the coming together of the all the Central Trade Unions in a convention on 15th Sept 2014 and their resolve to fight the anti-people policies of the present day government.

One day Convention by all the participating organisations of JCM on 11th December 2014 at Delhi and the joint declaration it adopted calling upon the employees and workers to fight against the most heinous attack that is being launched on the government employees is quite encouraging and we have to carry that unity forward in the year 2015. The unity is preserved and carried forward only when it channelised into united actions on issues affecting one and all of us. And success of the united actions and there-by the unity of the Central Government employees in particular and the workers in general is what the toiling masses of the country demands. And that has to be our New Year Resolve.


CARRY THE CAMPAIGN AND STRUGGLE
ON CADRE RESTRUCTURING, CHARTER OF DEMANDS

The National Executive Committee decided that all the units adopt the given resolution in a general meeting on 8th January 2015 and send it to CAG through proper channel. Followed by this the Units should conduct extensive campaign on the charter of demands and our proposals on cadre restructuring. A detailed report on the implementation of the programme may be sent to HQrs. without fail. Draft resolution and brief note on charter of demands is given along with this Circular.

With greetings
Yours fraternally,

 


(M.S. Raja)
Secretary General
To
The PAG/AG/DGA/PD/Director/DDA
....

Sir/Madam

            Kindly find enclosed a copy of the resolution adopted by the National Executive Committee of the Association held at New Delhi on 11-13 December 2014.

            The general body meeting of the Association held on 8th January 2015 endorsed the resolution and the enclosed charter of demands.

            The same may kindly be forwarded to the Comptroller & Auditor General of India.

            Thanking you
Yours faithfully


(..........)
General Secretary

R E S O L U T I O N

            The National Executive Committee of All India Audit & Accounts Association in its meeting held on 11-12-13 December 2014 at New Delhi reviewed the developments on the Charter of Demands and the proposals submitted by the Association on cadre restructuring.  

            After extensive deliberation the meeting came to the firm conclusion that the proposals moved by the Associations have firm footing and is the only way out to restore the effectiveness of the Indian Audit & Accounts Department under the Comptroller & Auditor General of India in enforcing public accountability as envisaged by the founding fathers of the Constitution. The meeting therefore decided to pursue the proposals on cadre restructuring submitted by this Association to the Comptroller & Auditor General of India.

            The meeting decided to demand the implementation of the recommendations of the work study (by Deloitte’) regarding man power requirement in IA&AD in toto and go for local recruitment of personnel, ensure future man power mobility by bringing all wings and branches in one station under one administration, enhancing the reach of audit by strengthening compliance audit and providing better pay scales and promotional avenues to the personnel of IA&AD.
           
            The meeting adopted the charter of Demands (Copy enclosed).

            The meeting decided to submit a copy of the Resolution to Comptroller & Auditor General of India.

Sd/-
(M. Duraipandian)
President
Charter of Demands

1. Immediate Restructuring of cadres in IA&AD and grant the following pay structure to audit & accounts cadres:
                   Auditor/Accountant – PB2, GP 4200
                   SA, Grade I               - PB2, GP 4600
                   SA, Grade II              - PB2, GP 4800
                   AAO Gr. I                  - PB2, 5400
                   AAO Gr. II                 - PB3, 5400 on completion of 4 years
                   AO                            - PB3, 6600
                   SAO                          - PB3, 7600

2.  Grant atleast 5 promotions in the career
                         
3. i)  Implement the work study proposals of Deloitte’ group on man power requirement;
    ii)  Fill Up all vacant posts through local recruitment
                                   
 4.  Permit Graduate MTS to negotiate SAS exam

5. Re-designate DEO as Audit/Accounts Assistant; open up promotion chances for DEOs as Auditor/Accountant   

6. Ensure equal opportunity in promotion to stenos of the same station; end discrimination in pay scale between H.Qrs office and field offices

 7.  Restore transaction/compliance audit to the fullest extent

8. Strengthen Audit & Accounts to Safeguard People’s Rights
 Stop down-sizing; Stop outsourcing & privatisation of Audit & Accounts; Scrap              Curtailment/shedding of Audit functions in the name of Audit Plan; ensure  continuance of the existing Accounting and Auditing methodologies and appropriate party days with scientific work norms; ensure effective Panchayati Raj Audit & Accounts by sanctioning adequate posts; revisit restructuring of Audit effected from 1..4. 2012.

9.  a) Amend Company Law and DPC Act for Audit of Public Sector Undertakings &  Corporations even after reduction of Government share to below 50%.
      b) Amend Company Law to ensure the Audit by IA&AD of all Public Limited   Companies    listed with Securities and Exchange Board of India (SEBI)
     c) Enact necessary law to bring audit of all public Financial Institutions by IA&AD.           

 10.   a)  Vacate victimisation of Association activists.
         b) Allow democratic functioning of Association without interference from         administration

11.    i) Withdraw annual audit criteria introduced vide letter dt 27 January 2011.
         ii) Stop unilateral implementation of transfer policy in Commercial Audit & P&T Audit

 12.    Implement Arbitration Award on SA pay Scale

 13. Declare placing as AAO on passing of SAS exam as direct recruitment and extend benefits of MACP to Assistant Audit/Accounts Officers.

14. Designate Supervisor as AAO & Earmark 50% of AAO post for seniority cum fitness promotion

15.  Remove differential treatment on pay fixation on promotion vis-à-vis direct recruitees in   all cadres

16. Stop downsizing of P&T Audit Offices; conduct audit of private service providers as     per TRAI regulations.

17. Re-imburse hotel charges to Railway Audit personnel wherever Railway accommodation is not allotted while on tour.

18.    Restore unilateral transfer policy.

19.    Restore metal Pass facility to AAOs in Railway Audit

20.   Grant increment and Grade Pay of 4800 from the day of Passing of SOGE

21.  Withdraw PFRDA Act and ensure statutory pension for all

22. Pay arrears of Pay from 1st Jan 1996 to 18th Feb 2003 as directed by Courts to audit &     accounts cadres
*****  






Brief Note on Charter of Demands

1. Immediate Restructuring of cadres in IA&AD and grant the following pay structure to audit & accounts cadres:
                   Auditor/Accountant – PB2, GP 4200
                   SA, Grade I               - PB2, GP 4600
                   SA, Grade II              - PB2, GP 4800
                   AAO Gr. I                  - PB2, 5400
                   AAO Gr. II                 - PB3, 5400 on completion of 4 years
                   AO                            - PB3, 6600
                   SAO                          - PB3, 7600

The issue of parity in Pay scale for SA with Assistants in CSS maintaining vertical relativity has been our long standing demand. Through struggles, we achieved it in the past, only to be disturbed again and again. The court cases filed by some disruptionist elements and its rejection by the Supreme Court caused immense damage to our demand, giving a handle to the 6 CPC to reject the parity demand. The decision of the CAG administration to upgrade the SA cadre with 75% direct recruitment of graduates and to demand total parity with CSS for all cadres is the result of the consistent persuasion of the demand, supported by the sustained agitations – including the mass casual leave on 8th April 2010 – we conducted for long.

The first step would be to snatch what has been denied to us repeatedly and then we have to move forward for betterment of the service advancement of the entirety of the personnel. In our memorandum to 7 CPC, we have elaborately justified the above demands. (The memorandum has been mailed to every Unit; it is also available in our blog-auditflag.blogspot.com). This demand will have to seen from that angle.

2.  Grant atleast 5 promotions in the career

Confederation of Central Govt Employees and Workers, for the first time, raised the issue of stagnation due to lack of promotional avenues that are adversely affecting the morale of the employees in various departments with the 5th CPC. The result was the scheme of ACP which came into being from 1999. With the 6 CPC, the demand was to increase it to 3 which was conceded but with clever dilution – instead of cadre hierarchy Grade Pay hierarchy was introduced creating lot of disaffection and confusion.

With the 7 CPC, the demand is for 5 promotions during the entire service – on the 8th, 7th, 6th, 5th and 4th year of the career. It is a fact that the personnel of organised Group A services are entitled to get 5 promotions. The personnel down below should also be entitled for the same hierarchical promotional avenues.
It means, in our department our demand is that: MTS should get a chance to reach up to AAO; ii) DEO up to AO and iii) SA (in the new format) up to one level above SAO.
           
                         
3. i)  Implement the work study proposals of Deloitte’ group on man power requirement;
    ii)  Fill Up all vacant posts through local recruitment

The department had entrusted the work study to Deloitte’ group. The report is quite reassuring, demanding more recruitment in all wings of the department. But the department has developed a cold feet on the recommendations of Deloitte’ group. We demand that the report submitted by Deloitte’ group on man power requirement of IA&AD be implemented after discussion with staff side in the Departmental Council.
It is stated by the CAG administration that 16000 personnel has been recruited during the last 4 years. But, our experience is that with the rate of retirement at a faster rate and accumulated vacancies and above all poor rate of retention of those recruited the man power available today is quite insufficient.
IA&AD decided to refer the recruitment to SSC when the SSC was recruiting the personnel locally. Since the judgement of Supreme Court on Radhey Shyam and others vs UOI the SSC is compelled to make the recruitment on all India plane with maximum personnel allotted to the field offices from being other states without the knowledge of local language. This recruitment policy also causes low rate of retention. In the changed circumstances, we demand that IA&AD should come out of SSC and go for own recruitment, statewise – this will ensure that the department gets enough number of recruits, enhancing the rate of retention.
                                   
 4.  Permit Graduate MTS to negotiate SAS exam

In the recent recruitment of MTS, many of those recruited are with qualification graduation and above. The promotional avenue for them is quite limited. These hands are of great asset to the department. (The spectre of unemployment has made them to come as MTS). It would be in the interest of the department that those who are graduates are permitted to negotiate the SAS examination directly, on completion of 3 years.

5. Re-designate DEO as Audit/Accounts Assistant; open up promotion chances for DEOs as Auditor/Accountant   

The demand of designation change is not yet accepted; but the department has accepted our demand for promotional chances for DEO as Auditor/Accountant.

 6. Ensure equal opportunity in promotion to stenos of the same station; end discrimination in pay scale between H.Qrs office and field offices

It is quite an anomalous situation that the stenographers recruited in the same station gets different promotional avenues only because of the rank of the office one is attached. The stenographers of the same station should be pooled together for the purpose of promotions. Also, the difference/discrimination in pay scales of Stenographers of H.Qrs office and the field offices be removed.

 7.  Restore transaction/compliance audit to the fullest extent

CAG is called as “Watchdog of Indian Finances”. Today, it is this salutation that remains, the content is lost. It is not the executive who is responsible for it. If that being the case, one can understand it. This degradation is done by none other than the bureaucracy of IA&AD. Performance audit is given super importance over the transaction/compliance audit. Man power is drastically reduced the audit parties are curtailed, the show-man-ship has gone up. By changing the nomenclature to compliance audit, the department has become compliant to the executive as we do only certain cosmetic audit on this head.
If the nation is to be benefitted, then the transaction audit has to be strengthened, a total review followed by overhaul of the audit restructuring done in 2012 is to be undertaken.

 8. Strengthen Audit & Accounts to Safeguard People’s Rights
 Stop down-sizing; Stop outsourcing & privatisation of Audit & Accounts; Scrap              Curtailment/shedding of Audit functions in the name of Audit Plan; ensure  continuance of the existing Accounting and Auditing methodologies and appropriate party days with scientific work norms; ensure effective Panchayati Raj Audit & Accounts by sanctioning adequate posts; revisit restructuring of Audit effected from 1..4. 2012.

Neither the executive wants to protect the people’s rights nor does the CAG want. What everybody wants is to somehow remain afloat. As far as CAG’s bureaucracy is concerned, the only concern is to create more posts at higher level at the cost of base level cadres. The performance vis-a-vis the accountability is very low today.

Only an overhauling as proposed in our proposal for cadre restructuring can bring about some desirable changes – the mandate that flows from the Constitution and the accountability there-upon should only be the concern.

 9.  a) Amend Company Law and DPC Act for Audit of Public Sector Undertakings &  Corporations even after reduction of Government share to below 50%.
      b) Amend Company Law to ensure the Audit by IA&AD of all Public Limited   Companies    listed with Securities and Exchange Board of India (SEBI)
     c) Enact necessary law to bring audit of all public Financial Institutions by IA&AD.           

These demands have become all the more important in the context of the Governments overdrive on privatisation and selling of family silver. Public-Private-Participation (PPP) is going to be the order of the day. This simply means handing over the national assets (credits too) to the national and transnational corporate. The move to bring 100% FDI in Railways and 49% in Defence rings alarm bells for audit also.
Whenever we discuss with our administration “global practise” is what is being played up. The department is not oblivious to the fact that in many of the “model” nations, whenever and wherever public money is involved or common man’s money is involved, it is brought under the scrutiny of Supreme Auditor of that nation. What we demand is the same.
The topmost from any dick and harry in the government also speaks of “globally friendly’ atmosphere! This is nothing but allowing the transnational business conglomerates to loot the national wealth. This is where the role of CAG as the “watchdog of Indian finances” has to be seen and strengthened.

 10.   a)  Vacate victimisation of Association activists.
         b) Allow democratic functioning of Association without interference from         administration
           
There is no station in IA&AD where gross misuse of authority against the employees, their Association and its leaders has not taken place. Many of the Accountants General does not meet the Association. The grievance redressal machineries have become defunct. The Departmental Council has not met for seven years; the agenda submitted in June 2013 is still pending.

11.    i) Withdraw annual audit criteria introduced vide letter dt 27 January 2011.
         ii) Stop unilateral implementation of transfer policy in Commercial Audit & P&T Audit

The audit criteria issued by the CAG in January 2011 is nothing but total abdication of constitutional responsibility to help the corrupt executive in the light of the audit report on the deal with Devas International on the allocation of S-band spectrum. The audit report was suppressed. It did not get the importance as in the case of 2G or coal. The new criteria was issued immediately after that, to ensure that such firms (though in Public Sector) are left scot free.

 12.    Implement Arbitration Award on SA pay Scale

The award - granting parity in pay scales to SA with Assistants in CSS from 1.1.1986 notionally and actually from 12.11.2011 - given in August 2004 is still pending for implementation. The UPA government has even in its last days tried to move a resolution in the Parliament for its rejection. Only because of the timely interventions by Com Basudev Acharya ensured that it was not carried.
 13. Declare placing as AAO on passing of SAS exam as direct recruitment and extend benefits of MACP to Assistant Audit/Accounts Officers.

The MGP states it very clearly that the promotion on passing of SAS as AAO is not a regular line of promotion and term it as a placement. This amply prove that AAOs are to be granted the benefit of (deemed) direct recruitment and consequent benefits under MACPS.

14. Designate Supervisor as AAO & Earmark 50% of AAO post for seniority cum fitness promotion

The Recruitments Rule (RR) for SA is about to be amended with direct recruitment of 75%. This is the pattern available for Assistants in CSS. The Assistants in CSS so recruited is entitled for promotion as Section Officer – 50 through Departmental Examination and 50% through seniority cum fitness. The SAs should also be extended same channel of promotions as the Assistants in CSS.

15.  Remove differential treatment on pay fixation on promotion vis-à-vis direct recruitees in   all cadres

The demand is self explanatory.
The case that we filed has been rejected by the Pr CAT. We are preparing for Writ Petition in HC, Delhi.

16. Stop downsizing of P&T Audit Offices; conduct audit of private service providers as     per TRAI regulations.

We submitted this proposal in May 2007. The department has avoided discussion on the subject since then. This demand is same as the demands at 7,8 and 11.

17. Re-imburse hotel charges to Railway Audit personnel wherever Railway accommodation is not allotted while on tour.

In the pretext that personnel of Railway audit are covered by the TA rules of Railways, this is denied. It is the responsibility of the Department to ensure that our touring personnel gets the entitled type of Railways accommodation or Railways arrange the entitled type of accommodation. Otherwise the Hotel Charges be re-imbursed, be it by the Railways or the Department.

18.    Restore unilateral transfer policy.

The demand is self explanatory.

19.    Restore metal Pass facility to AAOs in Railway Audit

The facility of metal pass to AAOs in railway audit is denied on the ground that AAO in Railway Accounts are not gazetted. Reply under RTI has stated that the AAO in Railway Audit with GP of 4800 is entitled for metal pass. But till date the department has failed to get it extended to our AAOs.

20.   Grant increment and Grade Pay of 4800 from the day of Passing of SOGE

The demand is self explanatory

21.  Withdraw PFRDA Act and ensure statutory pension for all

The best social security measure that we had, has been undone. Those who have entered the government service after 1.1.2004 has been denied of it. One cannot say for sure that the present day pensioners and those in service (and covered by the CCS (Pension) Rules would get pension in the days to come. The PFRDA Act has given sweeping powers to the government to tinker with pension at any given point of time.

22. Pay arrears of Pay from 1st Jan 1996 to 18th Feb 2003 as directed by Courts to audit &     accounts cadres

The demand is self explanatory.
*****