GROUP A STATUS TO SR AUDIT OFFICERS OF IA&AD

Dear Members of P&T Audit Officers’ & Sr. Audit Officers’ Association. You are aware that  the Hon’ble High Court of Delhi has pronounced the Group ‘A’ case judgment on 17.9.2013 and ruled that SAOs are Group ‘A’ officers as mandated under the applicable rules. The respondents were directed to implement the order within 6 weeks. As the time fixed by the High Court has already been expired in the last week of october 2013 and no action has so fer been taken by Govt. of India our Federation has filed Contempt proceeding on 10-12-2013 before Hon'ble High Court of Delhi.

Our Struggle & Group A Status

Dear Members of P&T Audit Officers’ & Sr. Audit Officers’ Association                                            

As you may aware, the Hon’ble High Court of Delhi has pronounced the Group ‘A’ case judgment on 17.9.2013 setting aside the CAT judgment dt.10.12.2012 and ruled that SAOs are Group ‘A’ officers as mandated under the applicable rules.  The respondents were directed to implement the order within 6 weeks.  As the time fixed by the High Court will expire in the last week of october, the respondents have only two options to act either to implement the court’s judgment or to file Special Leave Petition to the Hon’ble Supreme Court under Art 133 of the constitution.  Which option the respondents intend to choose will be known in the coming days.

In the meantime, the All India Audit and Accounts Officers Association being the sole petitioner to the case filed a CAVEAT petition to the Hon’ble Supreme Court.  As you know in case the respondents file SLP this caveat petition will immensely help us as the Supreme Court cannot take any step without notice being given to the party lodging the CAVEAT.  Section 148A of Civil Procedure Code authorizes that a CAVEAT may be filed by any person who is going to be affected by an interim order likely to be passed on an application which is expected to be made in a suit or proceeding instituted or about to be instituted in a Court (in the instant case the SLP that may be filed by the respondents). 

In respect of Special Leave Petition, Art 136 of the constitution vests wide discretionary powers in the Supreme Court which is to be exercised sparingly and in exceptional cases only.  Art 136 does not confer a right of appeal.  It confers only a right to apply for special leave to appeal.  While taking all facts and circumstances into consideration, the Special Leave Petition may be granted or rejected in the discretion of the court and where no alternative remedies are available.  The Supreme Court has entertained appeal by special leave from judgments in civil cases where substantial question of law have been involved, even though the conditions laid down in Art 133(1) were not fulfilled or certificate granted was defective.  If such substantial questions are involved, the SC may grant special leave appeal under Art 136 even where the High Court had rejected an application for certificate under Article 133(1).

Thus, if the respondents file SLP in the coming days our caveat petition will counter appropriately the plea of the respondents.  If no SLP is filed, we welcome as a good step on the part of the respondents and are always ready to negotiate under the ‘Collective bargaining’ process.

Having filed the caveat petition to the Supreme Court, the other option left to us is to file contempt petition.  To invoke contempt there must be a disobedience to the court, by acting in opposition to the authority, justice, and dignity thereof.  Contempt may be direct or constructive, criminal or civil.  A civil contempt consists in failing to do something ordered to be done by a court in a civil action for the benefit of the opposing party therein.  It signifies a willful disregard or disobedience of the court’s order; it also signifies such conduct as tends to being the authority of the court and the administration of law into disrepute.

In the meantime there is another significant development to mention here is that, the Honorable Principal Central Administrative tribunal has given his verdict on 22^nd Oct 2013 favorable to Pay and Accounts Officers citing our Delhi High Court Judgment. It is not out of the way to mention here that this case was filed before Principal Central Administrative Tribunal well ahead of  us during July 2011.Hence our Judgment is milestone Judgment which  actually broken the ice. We are forerunners of all good things happening to audit and accounts cadre.

We are not concerned about temporary relief or buying sympathy, sweets, blankets, however well intentioned.  From the experience of 75 years of working as Association for Audit and Accounts officers in the Indian Audit and Accounts Department, we have learnt that permanent change in the working environment, service conditions of the Audit and Accounts officers is possible only when the root causes that tend to affect our Self respect and Pride are tackled. We believe that all Audit and Accounts officers are equal, with equal rights guaranteed to them in the Constitution of India.   Yes!! We are for our Rights.

CONGRATULATION TO ALL SAOS OF IA&AD

HONORABLE DELHI HIGH COURT PRONOUNCED JUDGMENT IN OUR FAVOUR ON 17TH SEPTEMBER 2013 ON THE CASE FOR GR. A STATUS TO SENIOR AUDIT OFFICERS AND SENIOR ACCOUNTS OFFICERS OF INDIAN AUDIT & ACCOUNTS DEPARTMENT. COPY OF COURT ORDER WILL BE POSTED SOON.

Meeting with DGA P&T on formulation of Transfer Policy

A delegation comprising  Shri V Premachandran,President , Shri.T K Eshwaraiah, Vice President, Shri I N Kirtania, General Secretary and Shri Ramesh Chandra, Executive of the Association along with Shri S Mohan, Secretary General of our Federation met  Director General of Audit, P&T at his chamber on 30^th August 2013 and It has been intimated that Association is very much interested in improving the quality of work in P&T Audit. On the issue of transfer policy Association requested to continue the existing system of transfer which is an ideal one in all aspects. It was also stated that temporarily Audit teams can be drawn from BAOs whenever required for attending special works at Central Office in short spells. DGA communicated that the opinions so received will be kept in mind in formulation of transfer policy

COPY OF COURT ORDER ON GR A STUTAS

THE HONERABLE DELHI HIGH COURT ORDER ON GR A STATUS IS REPRODUCED BELLOW :-

1. Learned counsel who appears for the respondents has handed over to

us a copy of an Office Memorandum dated July 03, 2013 as per which the

Matter need not be placed before the Cabinet.

2. In view of the discussion which took place in the Court learned

counsel states that he would impress upon R-1 to ensure that the matter

is placed before the Cabinet for a decision and while so doing SO

No.946(E) dated April 09, 2009 as also the O.M. dated April 17, 2009

issued by DOPandT shall be placed before the Cabinet.

3. In view of the fact that CAG has been supporting the stand of the

petitioners who are the employees and the association of the employees of

W.P.(C) 2698/2013 Page 1 of 2

the CAG and keeping in view the DOPandT circulars which prima facie tend to

support the stand taken by the petitioners we direct that three separate

counter affidavits be filed by each of the three respondents for the

reason that there may be a conflict of interest.

4. Counter affidavits be filed a week prior to the next date of

hearing.

5. Renotified for September 10, 2013.

6. Dasti to learned counsel for the respondents.

PRADEEP NANDRAJOG, J.

V. KAMESWAR RAO, J.

JULY 04, 2013 mm

LATEST DEVELOPMENT OF THE COURT CASE ON GR A STATUS

Our Writ Petition (Civil) 2698 of 2013 for Conferment of Group “A” status to Sr.AOs seeking “mandamus” to the respondents came for hearing today before the Delhi High Court. The Government Counsel informed that it was decided by the Department of Expenditure not to put a note to the Cabinet in this regard.  This was vehemently opposed by our counsel. Our Counsel intimated that DOPT in its notification dated 9th April 2009 placed Officers in PB 3 Grade Pay of 5400 in Group ‘A’ and further in its notification dated 17th April 2009 the DOPT had requested the other departments to write within a period of 3 months if they want exclusion from this notification. But C&AG did not write any letter during that period. Further our Counsel argued that the common affidavit by all the respondents in this case would not be in order. After a lively debate, the Delhi high court directed the Finance Ministry to submit a Cabinet note and come out with a separate affidavit on behalf of the Ministry on 10th September. The court further directed the other two respondents also to come with a separate affidavit by C&AG and DOPT before September 10th in this regard.

We expect to receive the detailed interim order of the Delhi High Court in due course in this regard

Development in Group A Status:

The members are well aware of the judgement Pr.CAT bench Delhi Judgment regarding the Conferment of Group A Status to Sr.AOs of Indian Audit and Accounts Department. The Honourable Tribunal appears to have believed that only the cabinet can absolve the SAOs from the said classification of their posts as Group ‘B’. The Tribunal has set the target time of four months to act on the issue of classification. One of the respondent that the department has reacted within 4 months and sent a UO letter to the Finance Ministry on 7th February 2013, complying with the order. The Government of India/Finance Ministry has not taken any decision over this issue till 10th April 2013, the date contemplated in the CAT’s order. In this back ground, we had no other option but to approach the High Court Delhi on 10th April 2013 to issue a writ of mandamus or any other appropriate writ directing the Respondents to confer Group ‘A’ status on the Senior Audit and Senior Accounts Officers who are drawing the same Grade Pay as other Group A officers of the Central Civil Services with effect from 1-1-2006. Hearing was on 29th April 2013 and the High Court has directed to issue notice to Government to inform as to what steps have been taken on the direction of Honourable Pr.Central Administrative tribunal. The next hearing will be 4th July 2013.

Dear Members,

The 4th Annual General Body Meeting of the Association was succesfully held at BAO Lucknow on 20th April 2013. Total 21 delegates from Lucknow, Delhi, Bengaluru, Trivandum, Bhopal, Patna, Hydrabad and Chenai were persented there views on the issues of P&T Audit Offices and our organisational activities. After a detailed discussion on the issue of transfer and posting of Sr. AOs/ AOs the following stands were taken :-

1. The best performance can be expected from an Officer only when he is posted at his home station.

2. Sr. AOs/ AOs who are less in number than the sanctioned strength in there home stations may not be disturbed by transfering another station.

3. Sr. AOs/ AOs who are surplus in number than the sanctioned strength in there home stations may be transfered by rotation in the existing arrengement of seven against two years system.

The report on the working of the Association for last one year as passed in the 4th Annual General Body Meeteing has posted on 23/4/2013.

Report on the performance of the Association since last annual general body meeting held on 18^th March 2012 to till date.

Dear Friends,

            On behalf of the P&T Audit Officers’ & Sr. Audit Officers’ Association, I would like to welcome all delegates and invitees to this historic moment of our 4^th Annual General Body Meeting. We are thankful to our friends and members of BAO Lucknow for hosting this meeting. We are also thankful to the members of P&T Audit, Category II Association and P&T Audit Category III Association of BAO Lucknow for extending  their all out co-operation  to make this meeting a great  success. We are proud to have Sri P Prabhakar, President of All India Audit & Accounts Officers Association and Sri M G Venkatesh, former Vice President of our Association with us.

Homage

Before placing this report let us pay our homage to those memorable personalities who had sacrificed their lives for safeguarding the interest of the Nation to maintain the unity, integrity and security of our country. We also take the opportunity to pay homage to all the valiant fighters of working class movement who have departed us during the period.

            We also express our deepest concern over the world wide terrorism which has posed a blatant threat to the sovereignty of our country also. This general body meeting strongly condemns the cowardly act of terrorists and expresses deep sympathy with the kin of the victims.   We also pay our homage to all our brethren who departed us.

Situation prevailing around us

The unprecedented rate of inflation and soaring prices of the essential commodities due to the pursuance of the anti people economic policies of globalization and liberalization have made the lives of  people not only miserable but unbearable also.

The basic amenities of life are becoming out of reach.  People are hungry not because of the growing population or food is becoming scarce, but the fact is that people cannot afford to it. Food may be scarce, but it is improper international trade and economic policies that have led to immense poverty and hunger among the poor and ordinary people.

It would not be out of place to mention that corruption, both at national and international levels of our society has proved to be one of the major factors of poverty prevailing across the world. Corruption always undermines political development, democracy, economic development, the environment, people’s health and a lot more.

This meeting therefore urges upon the members of our association to promote and generate a great deal of awareness among the common people on these burning issues.

 ACTIVITIES OF THE ASSOCIATION

Director General of Audit, Posts & Telecommunications is functioning with a strength of 224 Sr. AOs/ AOS in total. On date P&T Audit Officers ‘ & Sr. Audit Officers Association is having 182 members of which 6 new members were included during the last one year. Our members posted in the O/o the DGAP&T, Delhi and all of it’s Branch Offices (except BAO, Jaipur) are being kept aware of the functioning of the Association and the recent developments, through our website <www.paosaos.blogspot.in> which can be viewed easily by the words <p&t audit officers & sr audit officers association>.

The main objective of our Association has remained to unify and secure all members with the aim to achieve and fulfill   our legitimate demands by all constitutional means and other recognized measures. There is evidence of several brutal attacks by the CAG’s Administration on democratic functioning of the mass organizations in IA&AD.  Even in this prevailing situation of attacks and mounting pressures, our organization has been able to successfully participate in all the programs circulated by our federation ‘All India Audit & Accounts Officers Association’ in order to achieve conferment of Gr. A status to Sr. AOs, Up gradation of grade pays and other just demands as well as to uphold the dignity of C&AG’s Institution.

 At the call of ‘All India Audit & Accounts Officers Association’ we organized lunch hour Demonstration at BAO Trivandrum, BAO Patna, BAO Chennai and BAO Hyderabad on 6/9/2012 to protest and condemn the recent attacks to C&AG and his Institution by certain political parties and sent Resolutions to DGAP&T and C&AG on this score.

            On 8/12/2012 a convention of Central Govt. Gazetted Officers organization was held at Chennai.  Our Leadership was represented there.

            A country wide strike was called on 12/12/2012 and again on 20/2/2013 and 21/2/2013 by the Central and State Govt. Employees along with other working class people of India.  Though we were not in a position to directly participate in it, we did extend our whole hearted  moral support to them by wearing Demand Badges for i) Up gradation of Grade Pay of AOs and Sr. AOs, ii) JCM Status to Gazetted Officers. iii) Bonus for all Gazetted Officers.      iv) Formation of Seventh Pay Commission and v) Merger of 50% DA with Basic Pay for all purposes.

            Our demand for conferment of Gr. A status to Sr. AOs of IA&AD is now under litigation. On the order of Honorable Principal Central Administrative Tribunal, Delhi Bench the All India Audit & Account Officers Association has filed a Writ Petition to Honorable Delhi High Court. Members of our Association has tendered their moral support to our Federation and contributed Rs. One lakh eighteen thousand in total to the legal fund created for this purpose.

Two extended Executive Committee Meeting of our Association were held on 31/5/2012 at Delhi and on 31/10/2012at Bengaluru to discuss the Issues of P&T Audit and to chalk out the future course of action.

Our Association is worried about the blame being transferred on AOs/SAOs for the present deterioration of the performance of the Office of DGA P&T as a whole without going to the root cause of the problem.   This Association whole heartedly supports any move made by the DGA for improvement of overall performance in qualitative and quantitative terms. It is to our credit that our suggestions made in the previous meeting with DGA (P&T) for proper elaborate in-house training for increasing the domain knowledge  of the auditee organizations which is currently being implemented.   The drastic shrinkage in the   activities / investment and technological changes of the auditee organizations has led to the present situation. Besides, severe shortage in all functional cadres has further contributed for the present situation. This association is of the strong opinion that mere transfer of personnel without addressing the above mentioned core issues will be counter-productive.

     Due to insufficient allotment of fund by C&AG Office to the Office of DGA P&T, in many Branch Offices a considerable number of claims are pending for quite long.  The Executive committee during their last meeting with DGA P&T on 1/6/2012 had urged to ensure the provision of sufficient supporting staff at AAO cadre and to obtain sufficient allotment of funds to settle all the long pending TA Bills and other personal claims at the BAOs. This AGM notes with deep concern that the above mentioned issues have  not been  addressed yet.

            Ignoring the above facts the recent proposal mooted by the authorities to transfer all   Sr. AOs/ AOs who have put in long years of service in one  particular BAO and posting to  another BAO.

            This Association’s effort to discuss the pros and cons of the issue affecting our lives seriously with DGA has not yielded any results so far. However the association is making all out efforts in this regard.  By this time our members posted at different BAOs have resolved that ‘as there are certain norms already existing for transfer of Sr. AOs/ AOs, any change of the existing norms would cause considerable dislocation. The matter may therefore be discussed with our recognized Association.’ The resolutions as received from all the BAOs have been consolidated  and communicated to DGAP&T and All India Audit & Accounts Officers Association to take up the issue in a larger forum.

The need of the hour is utmost unity in our thoughts, deeds and actions. By mere silent observation without a strong participatory action, we will not generate a position to  resist the attacks made on our cadre in  the coming days.   We believe that our unity would definitely bring the much coveted success and help us in reaching our goals.

DATE : 20TH APRIL, 2013              LUCKNOW

Yours fraternally, (I N KITRANIA) GENARAL SECRETARY

Dear Members,
The Association has not got any appointment from DGA P&T to discuss the issue of Transfer. Your determination to not submission of any option for transfer have boost up the spirit of of the Association to fight against the unfair. A notice to all of our member is givrn bellow. Please organise a meeting at your BAO on 08-04-2013 and pass the resolution accordingly. The copy, duly signed by any member who presided the meeting, may kindly be transmitted over FAX to the Attention of I N KIRTANIA ( on 0612-2240012) and V PREMACHANDRAN ( on 04712321961).

P&T AUDIT OFFICERS’ & Sr. AUDIT OFFICERS’ ASSOCIATION

7 BABU TARAPADA MUKHERJEE SARANI, KOLKATA -700001

[RECOGNISED UNDER CCS (RSA) RULES 1993]

                                                                                                Notice       

                It has been decided by the Executive Committee of the Association that a meeting of AOs/ SAOs

be convened at all BAOs on 8^th April, 2013.  The meeting may pass the following resolution and send it to the President/General Secretary at the earliest for on ward transmission to DGA P&T.

THE RESOLUTION

                This meeting of the P&T Audit officers’ and Senior Audit Officers’ Association held on………….. at BAO……………………… expresses deep concern at the decision of DGA P&T to compulsorily transfer all Audit Officers/Senior Audit Officers who have completed 5 years of service at a particular BAO.

                This meeting would like to point out that there are certain norms already existing for transfer of AOs/SAOs. As any change would cause considerable dislocation, the matter may please be discussed with recognized Association and settled amicably.

                This meeting further resolves to send a copy of the resolution to the General Secretary, P&T AOs’ & SAOs’ Association for taking up the matter with DGA, P&T.

                                                                                                                       Presiding Sr. Audit Officer

Dear friends,

The Executive Committee of the Association is waiting for kind appointment of DGAP&T to convey your opinion on contribution to C&AG’s Report, quality of output and policy for transfer and posting of Sr. AOs/ AOs. A letter in this regard has already been sent by Speed Post  on 14^th of this month and again transmitted over FAX on 19^th.

The outcome of the meeting will be communicated to you on due course. By this time you are requested to mail your briefs on the above issues to indrank@gmail.com  so that the opinions on all members may be communicated to DGAP&T in an organized way.

NOTIFICATION

The 4^th   Annual General Body Meeting of P&T Audit Officers’ & Sr. Audit Officers’ Association will be held on 20^th April 2013 at P&T audit Office, Lucknow,   with the following Agenda:-

1.     Inauguration. 

2.     Confirmation of the proceedings of previous AGM.

3.     Reporting of the affairs of the Association for the period upto March, 2013.

4.     Accounts of the Association for the period up to March, 2013.

5.     Amendments to Constitution, if any.

6.     General issues at each individual units and chalking out of their solutions.

7.     Audit Plan and non-allotment of enough funds for conducting Local Inspections.

8.     Any other matter with the permission of chair.

9.     Election of Auditor.

All the primary members posted at O/o the Director General of Audit, P&T, Delhi and its Branch offices are requested to ensure  participation of their delegates as per Article 8 and Article 9 of the constitution to make the meeting success.

The Association will bear the AC Sleeper Class fare ( Both ways) of all the delegates and members attending the meeting and also arrange  boarding and lodging at Lucknow.

                                                                                            PRESIDENT

Central Govt Employees and officers are going to organise strike on 20th and 21st February 2013 for their long pending demands. Category II and III Assiciations under the affiliation of All India Audit and Accounts Empolyees Association are perticipating in the strike. We have our full soliderity with them because they are fighting for the issues of ourselve. Please weare the following Badges on that day:-

========================================================
WE DEMAND

• UPGRADATION OF GRADE PAY TO AOs & Sr. AOs
• JCM STATUS TO GAZETTED OFFICERS
• IMMIDEATE APPOINTMENT OF 7TH PAY COMMISSION
• BONUS TO GAZETTED OFFICERS
• MERGER OF 50% DA WITH SALARY FOR ALL PURPOSES

========================================================

Friday, 25 January 2013

It has been appeared from the words of our new DGA P&T that he is thinking for enhancement of the tenure of outstation postings of Sr AOs/ AOs from the existing 2 years to 3 or 5 years.

Comments on the above are invited from the members of our association. On the basis of your oppenion the association will take up the matter with DGA P&T and C&AG.

Sunday, 6 January 2013

COURT ORDER ON GR A STATUS TO SR AUDIT OFFICERS:-

Honble Mr. A.K.Bhardwaj, Member (J) :

By way of present OA the applicant has sought issuance of direction to respondent No. 2 to classify the Sr. Audit/Accounts Officer in the pay scale of Rs.2200-4000 (pre-revised) as Group A officer. To buttress their claim, Ms. Haripriya Padmanabhan, learned counsel appearing for applicants   relied    upon  SO No. 946 (E) dated  9.04.2009

           

  OA 731/2012

(Annexure A-9). According to her, the applicants being in pay band-3 (Rs.15600-39100) with grade pay of Rs.5400 need to be classified as Group A officer. In terms of OM No.6 (82)-IC/91 (part-II) dated 11.4.2011, Govt. of India, Ministry of Finance (Department of Expenditure) found it not possible to change any classification of the post of Sr. Audit Officer/Sr. Accounts Officers due to the following reasons

a). The post of Sr. Audit/Sr. Accounts Officers in the scale of Rs.2200-4000 (pre-revised) was created with the approval of the Cabinet by placing 80% of the posts of Audit/Accounts Officers (Rs.2375-3500) in the higher grade with the stipulation that Sr. Audit Officers/Sr. Accounts Officers in the scale of Rs.2200-4000 shall be classified as Group B The classification as Group B was a conscious decision of the Govt. as this upgradation of the pay scale was a part of the restructuring scheme for Audit/Accounts Officers. The scheme was formulated in order to provide promotional avenues.

b). Audit/Accounts Officers are appointed as Sr. Audit/Sr. Accounts Officers on promotion only on non functional posts and are being supervised by Jr. Time Scale officers of organized Group A Accounts Services. This promotion from Rs.2375-3500 to Rs.2200-4000 is carved out without consulting the UPSC unlike promotions from Group B to Group A posts which require consultation with UPSC.

As can been seen from the aforementioned, the post of Sr. Audit/Accounts Officer in the pay scale of Rs.2200-4000 ( pre-revised) was created with the approval of the Cabinet by placing 80 % of the post of Audit/Accounts Officers (Rs 2375-3500) in the higher grade with the stipulation that the newly created post shall be classified as Group B only. Such decision was a conscious decision of the Government as part of the restructuring scheme for Audit/Accounts Officer. Even at the time of creation of the posts of Sr. Audit/Accounts Officer in the pay scale of Rs. 2200-4000, the posts in the said pay scale (pre-revised) was Group A and classification of the same as Group B was one of the sine qua non for creation of the post in higher pay scale. Thus, the classification of the post in pay band of Rs.15600-39100 with grade pay of Rs.5400         (normal re-placement  of the pay scale of  Rs. 2200-4000 pursuant to the OA 731/2012  recommendations of 5th and 6th Pay Commission respectively) has not led to any change in the situation prevalent at the time of creation of the posts in question in which the applicants were placed by way of upgradation. This is also matter of record that placement of applicants in the higher pay scale was without consultation with the USPC, while as per prescribed norms such consultation was mandatory. In other words, the procedure prescribed for promotion of the officer from Group B to Group A was not followed in upgradation of the applicants to newly created posts of Sr. Audit/Accounts Officer. Further as has been ruled by Hon’ble Supreme Court in Indian Rly SAS Staff Association Vs. Union of India (1998) 2 SCC 651), the classification of posts into gazetted or non gazetted cannot be done purely on the basis of scales of pay. There can be many criteria, administrative, procedural & others which have to be taken into consideration and need to be adhered to before taking decision on classification. Nevertheless,  since in OM dated 17.04.2009 (Annexure A-10), it is provided that if for any specific reason, a Ministry/Department had proposal to classify the posts not as per the classification suggested in order dated 9.04.2009, but in a different manner, it was necessary for that Department to send a specific proposal to Department of Personnel and Training  giving full justification in support of the proposal within three months of issuance of said OM (OM dated 9.04.2009) so that the exceptions to the norms of classification laid down in SO 946 (E) dated 9.04.2009 could be notified, the respondents may take up the issue of classification of the posts in question (ibid) with UPSC and Cabinet within 4 months. In view of the placement of the applicants in the higher pay scale meant for  Group   A   officers, OA 731/2012 subject to the condition that their newly created posts/grade would be classified Group B, only the Cabinet can absolve them from the said condition (classification of their posts as Group B).

                        Subject to said observation, OA stands disposed of. No costs.

Tuesday, 11 December 2012

Central Govt Employees and officers are going to organise strike on 20th and 21st February 2013for their long pending demands. Category II and III Assiciations under the affiliation of All India Audit and Accounts Empolyees Association are perticipating in the strike. We have our full soliderity with them because they are fighting for the issues of ourselve. Please weare the following Badges on that day:-

========================================================
WE DEMAND

• UPGRADATION OF GRADE PAY TO AOs & Sr. AOs
• JCM STATUS TO GAZETTED OFFICERS
• IMMIDEATE APPOINTMENT OF 7TH PAY COMMISSION
• BONUS TO GAZETTED OFFICERS
• MERGER OF 50% DA WITH SALARY FOR ALL PURPOSES

========================================================

Friday, 25 January 2013

It has been appeared from the words of our new DGA P&T that he is thinking for enhancement of the tenure of outstation postings of Sr AOs/ AOs from the existing 2 years to 3 or 5 years.

Comments on the above are invited from the members of our association. On the basis of your oppenion the association will take up the matter with DGA P&T and C&AG.

Sunday, 6 January 2013

COURT ORDER ON GR A STATUS TO SR AUDIT OFFICERS:-

Honble Mr. A.K.Bhardwaj, Member (J) :

By way of present OA the applicant has sought issuance of direction to respondent No. 2 to classify the Sr. Audit/Accounts Officer in the pay scale of Rs.2200-4000 (pre-revised) as Group A officer. To buttress their claim, Ms. Haripriya Padmanabhan, learned counsel appearing for applicants   relied    upon  SO No. 946 (E) dated  9.04.2009

           

  OA 731/2012

(Annexure A-9). According to her, the applicants being in pay band-3 (Rs.15600-39100) with grade pay of Rs.5400 need to be classified as Group A officer. In terms of OM No.6 (82)-IC/91 (part-II) dated 11.4.2011, Govt. of India, Ministry of Finance (Department of Expenditure) found it not possible to change any classification of the post of Sr. Audit Officer/Sr. Accounts Officers due to the following reasons

a). The post of Sr. Audit/Sr. Accounts Officers in the scale of Rs.2200-4000 (pre-revised) was created with the approval of the Cabinet by placing 80% of the posts of Audit/Accounts Officers (Rs.2375-3500) in the higher grade with the stipulation that Sr. Audit Officers/Sr. Accounts Officers in the scale of Rs.2200-4000 shall be classified as Group B The classification as Group B was a conscious decision of the Govt. as this upgradation of the pay scale was a part of the restructuring scheme for Audit/Accounts Officers. The scheme was formulated in order to provide promotional avenues.

b). Audit/Accounts Officers are appointed as Sr. Audit/Sr. Accounts Officers on promotion only on non functional posts and are being supervised by Jr. Time Scale officers of organized Group A Accounts Services. This promotion from Rs.2375-3500 to Rs.2200-4000 is carved out without consulting the UPSC unlike promotions from Group B to Group A posts which require consultation with UPSC.

As can been seen from the aforementioned, the post of Sr. Audit/Accounts Officer in the pay scale of Rs.2200-4000 ( pre-revised) was created with the approval of the Cabinet by placing 80 % of the post of Audit/Accounts Officers (Rs 2375-3500) in the higher grade with the stipulation that the newly created post shall be classified as Group B only. Such decision was a conscious decision of the Government as part of the restructuring scheme for Audit/Accounts Officer. Even at the time of creation of the posts of Sr. Audit/Accounts Officer in the pay scale of Rs. 2200-4000, the posts in the said pay scale (pre-revised) was Group A and classification of the same as Group B was one of the sine qua non for creation of the post in higher pay scale. Thus, the classification of the post in pay band of Rs.15600-39100 with grade pay of Rs.5400         (normal re-placement  of the pay scale of  Rs. 2200-4000 pursuant to the OA 731/2012  recommendations of 5th and 6th Pay Commission respectively) has not led to any change in the situation prevalent at the time of creation of the posts in question in which the applicants were placed by way of upgradation. This is also matter of record that placement of applicants in the higher pay scale was without consultation with the USPC, while as per prescribed norms such consultation was mandatory. In other words, the procedure prescribed for promotion of the officer from Group B to Group A was not followed in upgradation of the applicants to newly created posts of Sr. Audit/Accounts Officer. Further as has been ruled by Hon’ble Supreme Court in Indian Rly SAS Staff Association Vs. Union of India (1998) 2 SCC 651), the classification of posts into gazetted or non gazetted cannot be done purely on the basis of scales of pay. There can be many criteria, administrative, procedural & others which have to be taken into consideration and need to be adhered to before taking decision on classification. Nevertheless,  since in OM dated 17.04.2009 (Annexure A-10), it is provided that if for any specific reason, a Ministry/Department had proposal to classify the posts not as per the classification suggested in order dated 9.04.2009, but in a different manner, it was necessary for that Department to send a specific proposal to Department of Personnel and Training  giving full justification in support of the proposal within three months of issuance of said OM (OM dated 9.04.2009) so that the exceptions to the norms of classification laid down in SO 946 (E) dated 9.04.2009 could be notified, the respondents may take up the issue of classification of the posts in question (ibid) with UPSC and Cabinet within 4 months. In view of the placement of the applicants in the higher pay scale meant for  Group   A   officers, OA 731/2012 subject to the condition that their newly created posts/grade would be classified Group B, only the Cabinet can absolve them from the said condition (classification of their posts as Group B).

                        Subject to said observation, OA stands disposed of. No costs.

Tuesday, 11 December 2012

Central Govt Employees and officers are going to organise strike on 20th and 21st February 2013 for their long pending demands. Category II and III Assiciations under the affiliation of All India Audit and Accounts Empolyees Association are perticipating in the strike. We have our full soliderity with them because they are fighting for the issues of ourselve. Please weare the following Badges on that day:-
========================================================
WE DEMAND

• UPGRADATION OF GRADE PAY TO AOs & Sr. AOs
• JCM STATUS TO GAZETTED OFFICERS
• IMMIDEATE APPOINTMENT OF 7TH PAY COMMISSION
• BONUS TO GAZETTED OFFICERS
• MERGER OF 50% DA WITH SALARY FOR ALL PURPOSES

========================================================