Mass casual Leave JAC Circular

JOINT ACTION COMMITTEE OF

ACCOUNTS & AUDIT EMPLOYEES & OFFICERS ORGANISATIONS

AUDIT LEKHA BHAWAN

15/1089-90, VASUNDHARA, P.O. VASUNDHARA, DT. GHAZIABAD, U.P, 201012

Ph. 0120-2881727/011-2578 5070

E-mail: auditflag1923@gmail.com/ v_aicaea@yahoo.co.in

No: JAC/Circular – 06/2010 Dated 22nd April, 2010

To

Chief Executive of Constituent Organizations
and Conveners, Local JACs,

Dear Comrades,

CONGRATULATIONS

     At the very outset, the Apex Joint Action Committee congratulates all those constituents and their members who made the Mass Casual Leave on 8th April 2010 a stupendous success.

     The programme was endorsed and effectively implemented by All India Audit and Accounts Association, National Federation of Civil Accounts Associations (All India Civil Accounts Employees Association and All India Civil Accounts Employees Association Category –II), All India Postal Accounts Employees Association and All India Audit and Accounts Officers Association.

    As per the reports received through the constituents of apex JAC, Accounts and Audit Employees and officers from the stations like Kohima, Shillong, Guwahati, Kolkata, Bhubaneswar, Puri, Hyderabad, Tamilnadu state as whole, Bangalore, Trivandrum, Cochin, Calicut, Mumbai, Nagpur, Pune, Gwalior, Bhopal, Lucknow, Ahmedabad, Aurangabad and Delhi participated in the Mass Casual Leave on 8th April. The average station wise participation was more than 70% in almost all stations and states except in Delhi. In some of states and stations, cent percent members participated in the programme.

     Through their participations the rank and file membership of Accounts and Audit Employees and Officers Organizations have established that - they are united under the banner of apex JAC and determined to fight against the discriminations done with them by the Government of India. By this successful united action, the Accounts and Audit Officers and Employees Organizations have also washed off the illusion from the minds of the present Government that, implementation of 6 CPC recommendations have made the Central Government employees totally satisfied and the Central Government Employees movement has been demolished.

     We once again heartily congratulate all who made the mass casual leave on 8th April 2010 a grand success.

NEXT COURSE OF ACTION

      The available leaders of apex JAC has reviewed the situation developed after the success of the mass casual leave programme. Apex JAC has decided that, firstly it shall examine the situation further after receipt of detailed report from all local constituents of JAC and thereafter decide the next step to be taken.

TASK AHEAD

     It has been brought to the knowledge of apex JAC that, certain section of local administrations of different departments have been attempting to harass and penalise the persons participated in the programme, especially in IA&AD. It is reported that some other departmental authorities are also following the suit. From the day one of the birth of trade union movement, workers suffered atrocities of the powers that be. We should not loose heart for such things and should fight unitedly to foil the attempt for inflicting damages on us.

     Some of the authorities have been learnt to be issued ‘show cause notice’ and asked to explain why disciplinary action should not be taken against him or her under FR 17 (A)/(I) and CCS conduct Rules 1964. It doesnot make any difference whether you call it a memo or show cause notice – it is one and the same. But the phrase ‘show cause’ is used deliberately in an attempt to terrorize the employees.

     Another set of administration have been attempting to deduct salary of the participants in the mass casual leave without giving the opportunity of giving the explanation by the individual-. All such attempts should be contested and no unilateral action should be allowed to be taken.

     We are furnishing a sample reply to the memo/show cause notice for the guidance of the constituents. This reply has specifically been issued by the All India Audit and Accounts Association for its organization. This reply may be used by others if they face similar action. However, it is suggested that Unit/Branch/ individual should not take any action without consulting their respective Central Headquarters and Apex JAC headquarter,

With warm greetings,

V.Bhattacharjee

Convener.

Draft reply

To






………………..






Sir,


Kindly refer to Memo /show cause vide No…………………………………..Date…………..


In this regard, I may submit that there is no provision in the Conduct Rules under which employees can not take Mass Casual Leave. To treat Mass Casual Leave as strike is an executive order which has no statutory validity.


To go on a casual leave in order to register a protest comes under exercise of Fundamental Right of freedom of expression and therefore treat it as a virtual strike is an infringement of the above fundamental right of freedom of expression. As a matter of fact authorities should take note of the discontent expressed by the employees by constitutional means of going on Casual Leave collectively and take positive measures to settle the grievances. Your proposal to proceed against me is not only an unconstitutional and illegal action but it betrays a total negative and confrontist attitude towards the action taken by the Staff Associations.


I therefore request you to refrain from any action that you have proposed in the show cause notice/memo. I further request that the casual leave applied may please be sanctioned.


Thanking you in anticipation


Yours faithfully






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