Seemaandra Employees Strike Period as ELs
Public Services – Strike by the employees of Seemaandhra
Region – Regularization of Period of Strike as E.L. / E.L. to be earned /
Eligible Leave – Orders – Issued.
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FINANCE (FR-I)
DEPARTMENT
G.O.Ms.No. 33
Dated: 04-02-2014 Read the
following:
1. G.O.Ms.No.177, G.A. (SW.I) Department, dt:
13-4-2011.
2. G.O.Rt.No.1617, G.A.(SW.I) Department, dt: 18-4-2011.
3. Orders from the Hon’ble High Court in WPMP No.25443/11 in
W.P.No.20913/11, dated: 16-8-2011.
4. G.O.Ms.No. 82, Finance (FR-I) Department, dt: 29-3-2012.
5. Agreement between
the Government of Andhra Pradesh and the A.P. Secretariat Seemaandhra Employees
Forum on 11-10-2013.
6. Orders of the Hon’ble High Court in W.P.MP.No.42488 of
2013 in W.P.No.20913/11 dt: 23-12-2013.
7. U.O.No: 1236/Poll.A (3)/2013, dt: G.A. (Poll.A)
Department, dt: 5-11-2013.
* * *
O R D E R:
1. In the reference 1st read above the Government have
adopted the “No work No Pay” policy strictly and ordered that the period of
absence from duty in respect of the employees, who participated in the
agitations shall be treated as “Not Duty” and no pay and allowances shall be
admissible for the period.
2. In the reference 2nd read above the Government kept in
abeyance the orders issued in the reference 1st read above.
3. In the reference 3rd read above the Hon’ble High Court
stayed the operation of G.O.Rt.No.1617, G.A (SW-I) Department, dt: 18-4-2011
and ordered that no modification of G.O.Ms.No.177, G.A. (SW-I) Department, dt:
13-4-2011 shall be made, by the Government pending disposal of the case,
without the prior leave of the Court.
4. In the reference 4th read above the Government have
issued orders to treat the strike period of Telangana Employees in Sakala
Janula Samme as Earned Leave / Earned Leave to be earned / Eligible Leave vide
G.O.Ms.No. 82, Finance (FR-I) Department, dt:29.3.2012.
5. Employees belonging to Gazetted and Non-Gazetted Officers
of different Associations in the Seemaandhra Region went on strike from August, 2013 onwards. In the reference 5th read above an Agreement
has been reached between the Government of Andhra Pradesh and the A.P.
Secretariat Seemaandhra Employees Forum, to call off the strike. 6.
In the reference 6th read above the Hon’ble High Court in WPMP. NO. 42488 of
2013 in W.P.No. 20913 of 2011 passed orders “to treat the agitating employees
of Seemandhra region on par with the agitating employees of Telangana region as
was done earlier”. 7. The Government
after careful examination of the orders of the Hon’ble High Court in WPMP. NO.
42488 of 2013 in W.P.No. 20913 of 2011 has decided to treat the period of
absence from August 2013 onwards or such later date as the case may be, till
they resumed duties after ending the strike, be sanctioned as Earned Leave on
application by the employee. Where employees do not have adequate Earned Leave
in their account, the earned leave available will first be exhausted and the
shortfall will be considered for sanction as Earned Leave to be earned. This period shall be adjusted from the future
credit of Earned Leave for that employee.
Only in case of employees
retiring within the next one year w.e.f 13-8-2013, if such employees do
not have adequate Earned Leave in their account, any eligible leave be
considered for sanction after exhausting the available Earned Leave as was done
earlier in the case of Telangana Employees in Sakala Janula Samme vide
G.O.Ms.No. 82, Finance (FR-I) Department, dt: 29-3-2012.
8. The above order is subject to the condition that the
State Government shall be free to take all positive steps to ensure discipline
amongst the employees and ensure that no act or action of in- subordination or
in-discipline in violation of settled norms, takes place. In case of any such act of in-subordination
and in-discipline, in violation to settled norms, State Government, shall take
strict measures as per the provisions A.P.C.S. (Conduct) Rules, 1964 and A.P
C.C.S (CCA) Rules, 1991 and other related Government Orders dealing with such
acts of in- subordination or in-discipline, in order to maintain proper
discipline and decorum amongst employees in public interest.
9. In the reference 7th read above it was agreed by the
Finance Department to adjust the leave / working day in respect of the
employees of Hyderabad City as they have attended the office on 9-11-2013 in
lieu of the working on 18-9-2013 i.e., the day of Ganesh Idols immersion which
fell during the strike period. The leave
to be deducted in respect of the employees of Hyderabad City, as per orders at
para 7 above shall be one day less than the period they went on strike.
10. The concerned employees shall apply for leave as per
paras 7&8 above to their respective leave sanctioning authority, giving
details of the period of absence and amount of advance drawn in the format in
Annexure-III. The leave sanctioning
authority while sanctioning the leave for the number of days the employee was
on strike, shall debit the leave account of the employee to the extent of
Earned Leave available at the credit of the employee as on the date of sanction
of leave. The balance shall be
sanctioned as E.L. to be earned and adjusted against the Earned Leave to be
earned in future. Suitable entry
regarding the Earned Leave to be sanctioned shall also be made in the leave
account of the employee in the Service Register by prefixing the minus sign to
the number of days for which Earned Leave to be earned has been sanctioned.
11. The entire advance sanctioned in G.O.Ms.No.292, Finance
(A&L) Dept, dated: 22-10-2013 / G.O.Ms.No.298, Finance (A&L) Dept,
dated: 29-10-2013 shall be adjusted against the leave salary drawn. The proforma for regularizing the Strike
period of employees who went on strike to be issued by the Leave Sanctioning
Authority is appended to this order as Annexure-I. While preferring the bill in Audit (PAO/DTA)
the statement appended as Annexure-II, shall invariably be enclosed to the
bill.
12. The Government hereby issue the following further
instructions for the purpose of clarity and for the purpose of ensuring that
the above orders are given effect to promptly and properly.
(a) These orders are applicable to all those employees who
went on strike and who fulfill the following conditions:
i) must be drawing
pay in a time scale of pay and must be eligible to earn leave under the
relevant rules.
ii) must have gone on strike during August to October 2013.
iii) must give an option for availing the benefit extended under this G.O.,
appended to this order as Annexure- III.
(b) The authority competent to sanction leave shall sanction
Earned leave / E.L. to be earned / eligible leave on receipt of the necessary
option from an employee within the prescribed date for availment of benefit of
these orders. The said authority shall, before sanction of leave, satisfy
himself
about the participation of employee concerned in the Strike
and also about the number of the days the employee was on strike during that
period. The Leave Sanctioning Authority
should also ensure that the employee concerned has not drawn any emoluments for
the strike period and also that the service register of the employee contains
the necessary entry regarding the participation of the employee in the Strike
during August to October, 2013 and the number of days of participation in the
Strike. In those cases where no such
entry has already been made in the Service Register, the Leave Sanctioning
Authority shall ensure that such an entry is made before taking action to
sanction Earned Leave / Earned Leave to be earned / Eligible leave for the
strike period. On the basis of option
received, the Leave Sanctioning Authority shall sanction Earned Leave /Earned
Leave to be earned / Eligible leave as contemplated above. After sanctioning leave as mentioned above,
the Leave Sanctioning Authority should ensure that suitable entry is made in
the Service Register of the employee indicating that absence during the strike
period is regularized by sanctioning of Earned leave / Earned Leave to be
earned / Eligible leave quoting these orders.
(c) The Leave sanctioning authority shall also indicate
clearly in his proceedings while sanctioning the leave, the quantum of Earned
Leave available at the time of sanctioning the leave, the period of leave and
the period of absence on strike adjusted towards Earned Leave / E.L. to be
earned / Eligible leave sanctioned.
(d) The Drawing Officer should enclose a certificate
obtained from Leave sanctioning Authority to the leave salary bill to the
effect that the necessary entries have been made in the Service Registers
indicating the participation of the employee in the strike and regularization
of the same by sanctioning Earned leave / E.L to be earned / Eligible leave. He should also enclose a certificate that no
emoluments have previously been drawn for the strike period.
(e) The calculation of leave salary for the strike period on
the basis of these orders shall be with reference to the rates of pay and
allowances admissible to the employees just before the employee went on
strike.
(f) The leave salary
for the period of strike shall be calculated at the number of days/31 for the
months of August and October and at the number of days / 30 for the month of
September, 2013. For e.g. if leave
salary is to be paid for 18 days of strike period in August, 2013 the leave
salary shall be
calculated for this period at 18/31 of pay and allowances of
the employee admissible on the date preceding the date from which he went on
strike while for the period of 10 days in September, 2013 the leave salary
shall be calculated at 10/30 of pay and allowances admissible on the date prior
to proceeding on strike.
(g) In respect of purely temporary employee, payment of
leave salary for E.L. to be earned shall be paid subject to their furnishing
surety from two Government Servants who are approved probationers and who are
equal or higher in rank to the employee in the same or in other office provided
that in the latter case the Head of the Office certifies that the sureties are
approved probationers. When the services
of the temporary employees are dispensed with for any reason before the E.L to
be earned is not fully wiped off, the excess leave salary resulting there from,
shall be recovered from the employee or from sureties as the case may be.
(h) Based on the
proceedings sanctioning E.L. / E.L. to be earned/ Eligible leave the Drawing
and Disbursing Officer shall claim the leave salary.
(i) The normal recoveries such as HR/GPF/APGLI/ Group
Insurance/PLI etc., pertaining to the respective periods shall be made from the
payments to be made from the leave salary paid now if not recovered
earlier.
13. Relevant Leave Rules governing the sanction of leave to
employees shall be deemed to have been relaxed to the extent necessary for the
purpose of giving effect to these orders.
14. The expenditure on the payment of leave salary as per
these orders shall be debited to the detailed Head “010. salaries, 011 –
Pay, 012 – Allowances, 013 - Dearness Allowances, 016 House Rent
Allowance”, under the respective major head, minor head and sub-head.
15. The drawing officer shall furnish the information in the
proforma appended to this order to the PAO/DTO/PAO and APAO of Projects. These Audit Officers in turn shall furnish
consolidated information in the proforma appended (Annexure-II) to the
DTA/Dy,.FA/PAO who will in turn furnish the information to Government before
15th March, 2014. In regard to the
employees working in the Panchayat Raj Institutions etc., the information shall
be furnished by the concerned authorities to the Audit Officer of the Local
Fund Authority who will in turn furnish consolidated information to Director of
Local Fund Audit, A.P. Hyderabad. The Director
of Local Fund Audit., A.P. Hyderabad shall furnish the information to the
Government in Finance Department within the stipulated time.
16. All the
Departments of Secretariat and the Heads of the Departments shall follow the
above orders scrupulously.
17. The G.O. is available on Internet and can be accessed at
the address http:// www.goir.ap.gov.in.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA
PRADESH)
S.P. TUCKER
Special Chief Secretary to Govt. (I/c)
ANNEXURE – I
GOVERNMENT OF ANDHRA
PRADESH
………………………. Department
O.O.Rt.No. / Proceedings No. Date:
Sub: Establishment …………………………..
Department treating the period of strike participated
by the Seemaandhra
Employees during August to October 2013 – Orders – Issued.
Ref: 1. G.O.Ms.No. Finance (FR-I) Department, Dated:
2. G.O.Ms.No.292,
Finance (A&L) Department, Dated: 22-10-2013
and G.O.Ms.No.298,
Finance (A&L) Department, Dated: 29-10-2013.
* * *
In
pursuance of the orders issued in the G.O. 1st cited, sanction is hereby
accorded for treating the period of absence of the following Seemaandhra
Employees, who have participated in the Strike during August to October 2013 as
Earned Leave / Earned Leave to be earned / Eligible Leave as shown below: __________________________________________________________________________________
SI. Name and Period of Parti- Total
Regularisation of Entry in
S.R.
No Designation cipation in the No. of period shown in at page No.&
Strike
during days col.(4) Volume No.
From to EL/ Balance E.L. to
Eligible be earned
_________________________________________________________________________________
1. 2. 3 4 5 6 7 8 ________________________________________________________________________________
1.
2.
3. _________________________________________________________________________________
Leave
salary shall be adjusted against the advance already drawn as per orders 2nd
cited.
Certified that necessary entries
to the above effect have been duly recorded in their respective Service
Registers with proper attestation.
Leave
Sanctioning Authority
To
The Individuals concerned.
The P.A.O. Hyderabad / D.T.O. /S.T.O.
The A.G.A.P. Hyderabad The SF / SCs
ANNEXURE-II
(Statement to be
enclosed to the Bill)
Name of the Officer:-
Head of Account
________________________________________________________________________________ Name of
Designation Period of Parti- Regularization Leave Salary Amount Net
the cipation in
of period adjusted Amount employee strike towards Paid
Advance
drawn
________________ _____________ _____________________
From
To No.of Earned E.L. to
Rate of Amount
Days Leave/ be Pay
& Drawn &
(a) (b)
(c) Eligible earned
Allowances Paid
Leave _________________________________________________________________________________
1 2 3 4 5
6 7 8 9 _________________________________________________________________________________
ANNEXURE – III
To -------------------(Competent Authority)
-------------------
--------------------
Sir / Madam,
I participated in the “Strike” organized by
the Employees Associations of
Seemaandhra Region during the period from ------------- to------------------- ( days).
In pursuance of the orders issued in G.O.Ms.No. Finance (FR-I) Department, dt: -1-2014, I request you to regularize the
period of Strike as mentioned below:-
Name
& Period of Total
Regularization of
Designation Participation No. of the period
in the Strike Days
__________ __________ ______ _______________________ From To E.L./ Balance
E.L. to be Eligible
earned Leave
_____________________________________________________________________
I have drawn an advance of Rs………. in terms of
G.O.Ms.No.292, Finance (A&L) Department, dt: 22-10-2013 / G.O.Ms.No.298,
Finance (A&L) Department, dt: 29-10-2013 which may be recovered from my
salary to be drawn for the above period.
I request you to kindly regularize the period
of strike as above and necessary orders may be issued.
Yours faithfully
( )
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