NATIONAL FEDERATION OF CIVIL ACCOUNTS ASSOCIATIONS
Represented By
All India Civil Accounts Employees Association
(RECOGNISED BY GOVT. OF INDIA)
CENTRAL HEADQUARTER
10/42, II Floor, Old Rajinder Nagar, New Delhi-110060 Tel: 25785070
All India Civil Accounts EmployeesAssociation Category-II
CENTRAL HEADQUARTER
C/o Regional Pay and Accounts Office
Ministry of Commerce
Old CGO Building, 3rd Floor, 101, M. K. Road Mumbai-400020 Tel: 22031121
No: AICAEA/HQ/A-2/10/329 Dated: 7th October, 2010
To
The Controller General of Accounts,
Ministry of Finance,
Department of Expenditure,
Loknayak Bhawan,
Khan Market,
New Delhi-110003
Subject: One day strike on 7th September, 2010
Sir,
Kindly refer to the OM. No.A-12017/1/2010/ MF.CGA(A)/NGE/Asso-Agi/781 dated 15-09-2010 of your office on the subject of one day strike on 7th September 2010. Instead of issuing instructions in respect of strike on 7th September 2010, your office has referred one day Dharna on 24/09/2010 in front of your office (intimation for which was given by us on 09/09/2010).
We have therefore to presume that, these instructions were not meant to curb the Dharna on 24th September 2010. If however, your office had issued these instructions applicable in respect of Dharna; we have the following submission to make-
Rule 7 (1) of CCS (conduct) Rules only prohibits such Dharnas which are against the security of a state/county and certain other purposes specified in the said rule. This provision in no way prohibits any democratic method of demonstrative protest including Dharna if organized by any Association or any other forum in order to manifest its protest/discontent on the anti-employee approach/ decisions and actions or inactions in respect of the employees by the authorities. We had decided to sit for Dharna to record our protest against not initiating discussions to settle our long pending demands as well as the discriminatory treatment given to in different categories of Civil Accounts Employees and Officers at the time of implementing the 6CPC recommendations by your office and the Government of India altogether. This right of ours which come under fundamental right of freedom of expression has been sought to be curbed by blending it as an action in the nature of strike ignoring the fact that, even the Parliamentarians of this country are organizing Dharna in front of the Parliament house to register their protest against various issues and decisions of the Government.
The instructions issued under the above OM of your office are ultra vires of constitution and therefore illegal.
We therefore, request you to direct your office to withdraw the said OM.
We hope, you will consider these submissions with a positive attitude and do the needful.
We would also like to request that, you may kindly' meet the representatives of the AICAEA and AICAEA CAT II for discussion and settlement of 16 point demands whereby the harmonious relations between you and the employees organizations are established and nurtured.
Thanking you,
Yours faithfully
Sd/- Sd/-
(V.Bhattacharjee) (M.P.Pandit)
Secretary General Secretary General
NATIONAL FEDERATION OF CIVIL ACCOUNTS ASSOCIATIONS
Represented By
All India Civil Accounts Employees Association
(RECOGNISED BY GOVT. OF INDIA)
CENTRAL HEADQUARTER
10/42, II Floor, Old Rajinder Nagar, New Delhi-110060 Tel: 25785070
All India Civil Accounts Employees Association Category -II
CENTRAL HEADQUARTER
C/o Regional Pay and Accounts Office
Ministry of Commerce
Old CGO Building, 3rd Floor, 101, M. K. Road Mumbai-400020 Tel: 22031121
No: AICAEA/HQ//10/330 Dated: 7th October, 2010
To
Shri Deepak Das,
Chief Controller of Accounts,
Ministry of Commerce,
Room No.172
Udyog Bhawan,
New Delhi - 110011
Subject: One day Dharna on 24th September, 2010 – regarding
Reference:- Your Office circular No. Pr. AO (A)/General/ 2010-11/367 dated 16th September, 2010
Sir,
We are shocked to go through the contents of the above circular of your office whereby the instructions issued by the CGA regarding the 7th September 2010 strike have been made applicable by your office against one day Dharna on 24th September 2010. In terms of Rule 7(1) of the CCS (conduct) Rules, demonstrative action in the form of Dharna is not misconduct. Even in the definition given under Rule 7(2), Dharna has not been included as a form of a strike. The honorable Parliamentarians of this country are often resorting to Dharna in protest against the decisions of the Government.
In these circumstances, on what authority or rule your office has treated Dharna as a misconduct and thereby decided to resort to punitive actions like not permitting casual leave and will be treated as unauthorized absence etc could not be understood.
I therefore, request you to direct the administration of your office to take back such provocative and illegal instructions which have been issued by it. None of the Civil Accounts authorities other than your office has issued such instructions. It is apparent that, your administration has over reacted which portray its intolerant attitude towards the causes of the employees and Association activities. We plead with you to direct your administration to change such negative attitude and co-operate with the Association.
Thanking you,
Yours faithfully,
Sd/- Sd/-
(V.Bhattacharjee) (M.P.Pandit) Secretary General Secretary General
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