Friday, January 22, 2016
Wednesday, January 20, 2016
REPRESENTATION FOR NOT TO REVISE - fixation of pay (in the scale of Rs.6500-10500) in respect of Head Clerk / Accountant
Dear Comrades,
Please. find attached herewith a draft representation against recovery in connection with the fixation of pay (in the scale of Rs.6500-10500) in respect of Head Clerk / Accountant to be given to the Head of Office. This representation may please be modified according to your requirements like Name, Designation etc.
Yours comradely
R. GANESAN
ADASA TNZC.
(Representation to be submitted by
existing employees)
From
Date:
………………………
U.D.C. / Head
Clerk
AIR / DDK
Chennai
To
The Director
General
S – II Section
All India Radio
Parliament
Street
New Delhi 110
001
(Through Proper Channel)
Sub: Request not to revise the fixation of Pay
done vide Order No. A – 26022 / 02 /
2012 S-II / 1328 to 1330, dated
04.10.2012 & OM No 1/330/2012-PPC dt 18-6-
2015.
Ref: PrasarBharati Secretariat’s Lr. No. Misc-1/330/2012-PPC
dated 31.12.2015 &
DG:AIR letter
No.A-26022/02/2012-SII dated 05.01.2016.
* * *
* *
Sir,
I
would like to draw your kind attention to reference cited above regarding
revision of pay. In this connection, I
wish to submit the following few lines for your kind consideration and
favourable orders.
1)
I am working in
.................................................as............ It is submitted that the VI-CPC had recommended that the
Head Clerk/Assistant and Stenographers Gr-II/equivalent who were placed in the
pre-revised pay scale of Rs.4500-7000/5000-8000 (the HC/Asst. of Prasar Bharati
were granted the pay scale of Rs.5500-9000 as per court order) may be upgraded
to the pre-revised pay scale of 6500-10500 and granted the Grade pay of
Rs.4200/- The said recommendation was accepted and notified in Part-B, Section
II of CCS (RP) Rules 2008. Accordingly pay fixation was done under Illustration
4B of the said rules.
2) As per the 6th CPC
recommendations issued under Section II/Part B, the Director General, All India
Radio, New Delhi who is the Head of the Department & Cadre Controlling Authority
issued an Order No.A-26022/02/2012.S.II /1328 to 1330 dated 04.10.2012 to fix
the pay as on 01.01.2006 in the revised pay structure in respect of Head Clerk /
Assistant / Stenographers-Gr.II working in All India Radio and Doordarshan as
per illustration 4A in accordance with Note 2A below 7 of the 6th
CPC gazette notification.
3) Subsequently, after consultation with the IFD of Prasar Bharati
and also in consultation with Ministry of I&B and Department of
Expenditure, OM No Misc. 1/330/2012-PPC dated 18-6-2015 was issued by Prasar
Bharati Secretariat directing to fix the pay under Note-2A of Rule 7 and Part-B
of the First Schedule of CCS (RP) Rules 2008 as per illustration 4A. It
was instructed that while doing so the actual pay drawn in the pre-revised
scale (Rs. 4500-7000/5000-8000) as on 1-1-2006 shall be multiplied by a factor
of 1.86 (and rounding the resultant figure to the nearest multiple of 10) and
give the benefit of bunching if admissible, subject to a minimum of the
corresponding stage of Rs. 6500.
4)
Accordingly, my pay was fixed at the
stage of Rs.12090 + GP Rs.4200 by applying 1.86 factor to the minimum of the
upgraded pay scale of Rs.6500-10500 and bunching given wherever necessary.
Hence I have been drawing my pay as fixed above and continued to draw
without any disturbance till today.
5) However, subsequent to the issue of above OM dated 18-6-2015 the
said O.M. was kept in abeyance vide communication of even number dated
11.08.2015, till further orders. Presently,
vide DG:AIR F.No.A-26022/02/2012-SII dated 5-1-2016, my pay is being revised
and recovery being effected.
6)
It is pertinent to mention here that in a Similar case DG, AIR,
New Delhi vide their O.M. No. 14/18/2011–S-IV(A)/41, dated 08/09.02.2012 &
O.M. No.14/18/2011-SIV(A)/165, dated 12.04.2012 had issued a clarification on
fixation of pay in respect of Engineering Assistants, whose pay has been
upgraded to Rs.7450 – 225 – 11500/- from Rs.6500 – 200 – 10500/- and their pay
has been fixed at the minimum of the pay (i.e. Rs. 7450/-) for those who have
not reached the minimum of the upgraded pay scale and till now they are
enjoying the benefit. You may kindly see
that, my fixation of pay is also done in the same manner as that of Engineering
Assistants. Since in their case no
refixation/revision has been ordered it is clear that I am also entitled to the
fixation benefits on the same lines.
7)
Sir, you are aware that there cannot be any discrimination between
employees in the matter of pay fixation and all the employees are to be treated
alike.
In the light of the above submissions, it will be clear that my
pay-fixation has been done correctly in accordance with the Directorate’s OM
cited above in this regard. Therefore I request your goodself not to revise my
fixation of pay and not to recover the excess payment. I also request you to instruct the concerned
authorities not to resort to any revision/re-fixation of pay with effect from
01.01.2006.
Thanking you,
Yours faithfully,
(Representation to be submitted by
retiring/retired employees)
From
Date:
………………………
U.D.C. / Head
Clerk
AIR / DDK
Chennai
To
The Director
General
S – II Section
All India Radio
Parliament
Street
New Delhi 110
001
(Through Proper Channel)
Sub: Request not to revise the fixation of Pay
done vide Order No. A – 26022 / 02 /
2012 S-II / 1328 to 1330, dated
04.10.2012 & OM No 1/330/2012-PPC dt 18-6-
2015.
Ref: PrasarBharati Secretariat’s Lr. No. Misc-1/330/2012-PPC
dated 31.12.2015 &
DG:AIR letter
No.A-26022/02/2012-SII dated 05.01.2016.
* * *
* *
Sir,
I
would like to draw your kind attention to reference cited above regarding revision
of pay. In this connection, I wish to
submit the following few lines for your kind consideration and favourable
orders.
1.
I am working in .............................................as.......................
It is submitted that the VI-CPC had recommended that
the Head Clerk/Assistant and Stenographers Gr-II/equivalent who were placed in
the pre-revised pay scale of Rs.4500-7000/5000-8000 (the HC/Asst. of Prasar Bharati
were granted the pay scale of Rs.5500-9000 as per court order) may be upgraded
to the pre-revised pay scale of 6500-10500 and granted the Grade pay of
Rs.4200/- The said recommendation was accepted and notified in Part-B, Section
II of CCS (RP) Rules 2008. Accordingly pay fixation was done under Illustration
4B of the said rules.
2. As per the 6th CPC
recommendations issued under Section II/Part B, the Director General, All India
Radio, New Delhi who is the HoD & cadre controlling authority issued an
Order No.A-26022/02/2012.S.II /1328 to 1330 dated 04.10.2012 to fix the pay as
on 01.01.2006 in the revised pay structure in respect of Head
Clerk/Assistant/Stenographers-Gr.II working in All India Radio and Doordarshan
as per illustration 4A in accordance with Note 2A below 7 of the 6th
CPC gazette notification.
3. Subsequently, after consultation with the IFD of Prasar Bharati
and also in consultation with Ministry of I&B and Department of
Expenditure, OM No Misc. 1/330/2012-PPC dated 18-6-2015 was issued by Prasar
Bharati Secretariat directing to fix the pay under Note-2A of Rule 7 and Part-B
of the First Schedule of CCS (RP) Rules 2008 as per illustration 4A. It
was instructed that while doing so the actual pay drawn in the pre-revised
scale (Rs. 4500-7000/5000-8000) as on 1-1-2006 shall be multiplied by a factor
of 1.86 (and rounding the resultant figure to the nearest multiple of 10) and
give the benefit of bunching if admissible, subject to a minimum of the corresponding
stage of Rs. 6500.
4.
Accordingly, my pay was fixed at the
stage of Rs.12090 + GP Rs.4200 by applying 1.86 factor to the minimum of the upgraded
pay scale of Rs.6500-10500. Hence I have been drawing my pay as fixed
above and continued to draw without any disturbance till today.
5. However subsequent to the issue of above OM dated 18-6-2015 the
said O.M. was kept in abeyance vide communication of even number dated
11.08.2015, till further orders.
Presently vide OM dated 5-1-2016 my pay is being revised and recovery
being effected.
6.
It is pertinent to mention here that in a Similar case DG, AIR,
New Delhi vide their O.M. No. 14/18/2011–S-IV(A)/41, dated 08/09.02.2012 &
O.M. No.14/18/2011-SIV(A)/165, dated 12.04.2012 had issued a clarification on
fixation of pay in respect of Engineering Assistants, whose pay has been
upgraded to Rs.7450 – 225 – 11500/- from Rs.6500 – 200 – 10500/- and their pay
has been fixed at the minimum of the pay (i.e. Rs. 7450/-) for those who have
not reached the minimum of the upgraded pay scale and till now they are
enjoying the benefit. You may kindly see
that my fixation of pay is also done in the same manner as that of Engineering
Assistants. Since in their case no
refixation/revision has been ordered it is clear that I am also entitled to the
fixation benefits on the same lines.
7.
Sir, you are aware that there cannot be any discrimination between
employees in the matter of pay fixation and all the employees are to be treated
alike. In addition to the above I am due for retirement
on......................and as a result I am put to double jeopardy of the
recovery of over payment of pay and allowances from my terminal benefits.
8.
It is pertinent to mention here that in
the case similar case of TREX and some other cadres belonging to Programme and
Engineering regarding the admissibility of MACP, it was decided with the
consultation of DOPT etc. that one upgradation granted vide OM dated 25-02-1999
is to be adjusted against the MACP benefits. Resultantly when recoveries
came to be made from the pensionary benefits of retiring/retired employees of
the above said categories the matter was taken up for consultation with the
Ministry of I&B and Ministry of Law. The Ministry of Law advised that
any recovery from the retiring employees would be against the orders of Supreme
Court in Rafiq case and on that basis MIB advised that the recovery may be kept
in abeyance vide letter No 515/04/2014-BA(E)pt. dated 17-2-2015 and
consequently instructions were issued to the concerned PAOs vide Principal
Accounts office, MIB, letter No.G-11508/PrAO/Complaint/2014-15/TA/3258,
dt.19-9-2015 to desist from recovery.
9. It is not out of place to mention here that while due to objection
raised by the PAO, DDK, Chennai in respect of Shri. A.S. Rajagopal, Retd. UDC
Chennai, for recovery of excess amount paid to him on account of fixation of
pay as detailed above, he approached the Hon’ble Tribunal, Chennai in O.A. No.
310/2015 for a direction that the applicant is entitled to all retirement
benefits like DCRG, Pension etc. without any deduction and to restrain the
respondents from recovering the over payment of pay and allowances. The
Hon’ble Tribunal too has conceded the prayer and directed the department vide
Order dated 17-8-2015 to make payment of pensionary benefits without effecting
any recovery quoting the relevant portions of the Supreme Court orders in the
State of Punjab & Others vs Rafiq Masin (white washer) and Others in 344
(2015) SSC. Accordingly PB Secretariat issued necessary directions to
PAO, DDK, Chennai to settle the dues without any deduction. The ratio laid down by the Hon’ble Tribunal
in the above case is equally applicable to me also.
Therefore in the light of the above submissions, it will be clear
that my pay-fixation has been done correctly in accordance with the
Directorate’s OM cited above in this regard. Therefore I request your goodself not
revise my fixation of pay and not to recover the excess payment. I also request you to instruct the concerned
authorities not to resort to any revision/re-fixation of pay and recovery with
effect from 01.01.2006.
Thanking you,
Yours faithfully,
Wednesday, January 13, 2016
FELICITATION FUNCTION OF COM. L. UMAMAGESWARAN
 |
| COM. L. UMAMAGESWARAN SPEECH |
 |
| COM.M. DURAIPANDIAN, L. UMAMAGESWARAN, S.N.SOMU |
 |
| Comrades L. UMAMAGESWARAN, S.N.SOMU, M. RAMANATHA, SANGAM THAKUR, GANESAN |
 |
| COM. SANGAM THAKUR, former National Secretary of ADASA |
 |
| ADASA MAHARASHTRA UNIT |
 |
| Com. S. SRIRAM, former TN Zonal Secretary |
 |
| Comrades from ADASA, MAHARASHTRA |
Thursday, January 7, 2016
COMRADE UMA, THE ILLUSTRIUOS LEADER
Comrade L.Umamageswaran, former
President (National Council) is retiring on superannuation on 31st
January 2016. He was President for two
terms, 1996-99 & 2007-11, both eventful tenures. The Association was in a active shape, with
lively interaction among all the zone/members and several agitations were
conducted. Particularly the one conducted in 1999 was an historical one. The indefinite strike conducted in 1999 by
the administrative employees has been recorded by the Central Trade Unions in
their annual reports as an historic and unprecedented in the annals of the
central government employees.
If it was Com. S.N.Somu who
rejuvenated this Association by undertaking all-India tours, the credit for
consolidating the Association must go to Com. Uma. Before taking over as President, Com. Uma was
Tamil Nadu Zonal Council Chairman. He
never allowed his personal discomforts or domestic compulsions to come in the
way of his association activities. When
Uma was Zonal Chairman a problem cropped up in the zone. In a blatant show of favouritism and in
violation of transfer policy, the then Zonal Director accommodated an
individual on promotion in Chennai itself after cancelling a transfer order issued
to another Head Clerk from Port Blair to Chennai. In addition to this an UDC had been
transferred from Nagercoil to another station without any provocation. The members all over the zone were seething
with anger against this action of the zonal administration and wanted the
association to give a fitting reply.
When these developments were taking
place Uma had met with a serious accident while travelling in a bus and was
recouperating in his home. Some seven to
ten members went to his home to discuss about the problem. The doctor had advised complete bed rest for
about a fortnight. But inspite of that
he patiently heard us and gave instructions to hold a lunch hour demonstration
in the first instance. And against
doctor’s advise he came to address the demo and also discussed the issue with
the Director. The Station Director who
had been misled by some individuals with vested interests relented only after a
two day dharna and reversed all the orders and restored the position.
Similarly all-India agitation was
going on over the Charter of demands.
Com. Somu was in Delhi supervising the agitations and leading the
negotiations. The responsibility to
conduct the agitation successfully in the zone fell on the shoulders of
Uma. He was busy arranging protest
demos, inviting leaders from Confederation etc. to address the meetings. Amidst all this his marriage had been fixed and he was giving invitations to
friends and colleagues. One officer,
after receiving the marriage invitation jocularly asked “Uma, I will
definitely attend your marriage, but will you attend it?” The State conference conducted in Pondicherry
under his leadership was a great success.
Com. Somu had worked with so much energy that he achieved in
a single term what could take normally twice the period. Therefore he had grown tired both physically
and mentally and while searching for a successor, Uma fit in to the
position. The years when Uma was the
President were turbulent ones. We had
been fighting for our Charter of demands.
Suddenly the 90% order, the precursor to upgraded pay scales order had
been issued. This completely changed the atmosphere. The members all over the country were very
much agitated and the National Council meetings reflected their sentiments. Two agitations were conducted in 1997 and
1999. The ’99 strike was
unprecedented. Being a sectional association
representing only a part of the employees, it was really remarkable in the
history of the central government employees.
The strike had created all round support from other trade unions and
political parties. Com. Umamageswaran
led the agitations as well as the negotiations very ably. But for the fall of
the government we could have expected some substantial improvement in the
demand.
One remarkable thing I find about him
is the qualitative change he brought out in the discussions. He would approach the subject rationally,
raise pertinent questions which will help in arriving at correct decisions. He
was always able to take appropriate decisions suitable to the situation. It was he who led all the negotiations. The thing that he was there gave us
tremendous strength and we will be relaxed because he will take care of all the
essentialities. Negotiation is an Art. You have to convince the authorities across
the table within the short time allowed.
Some unexpected questions may crop up suddenly and one has to be ready
with the answers. One has to be careful
about not offending the participants, however bad the provocation may be. Com. Uma really excelled in the job.
All the negotiations during the
2007-2008 struggles with the Ministry were led by Uma. Several meetings were held with Secretary,
Minister etc. Particularly the meeting
with the Secretary, MIB held on 6th November 2007 is
remarkable. That was the first meeting
during the struggle. The staff side
blinked to the submissions made by our team.
They had no answers to our questions.
Uma was quoting from the official records such as Cabinet Note, minutes
etc. We could see the helplessness of then
Secretary of I&B Smt. Asha Swaroop.
After the meeting, on the instructions of Uma a detailed note was
presented to ministry.
Similar was the experience in 2008 during the Fast unto
death struggle. Shri Priyaranjan Das
Munshi was seemingly impressed by the presentation of Uma and he openly conveyed
it in the meeting. Again to our
misfortune, Shri Das Munshiji became indisposed and our demand suffered a
setback. The reasons for the demand
lying unsettled till date, lies elsewhere.
This is not the space to discuss them.
Com Uma is a person with a presence of
mind and capable of giving apt replies.
The Prasar Bharati Act had been notified in 1997. Hon’ble MIB Shri Jaipal Reddy was visiting
the stations and assuring the employees that they need not worry about the
change in the status and the government will take care of their
requirements. During the course of his
tour he visited AIR, Chennai. At that
time an SIU study had been conducted in DMCs and hundreds of stenographers, LDC
etc. posts were identified for abolition.
Shortly before the Minister’s visit DG, Doordarshan had issued an OM
asking the zonal offices to identify the surplus staff for redeployment. As soon as the Minister finished his speech
Uma raised this point and told the Minister that while he was telling the
members not to worry about their future DG, Doordarshan had issued such an
order. The Minister was taken aback and
he enquired with the JS (B) who was accompanying him. The JS (B) was not aware of the development. But the Minister immediately told the
gathering that nothing of that sort will happen and any order if issued will be
taken back. Later he took to task the JS
(B) for issuing the order without his knowledge. True to the Minister’s words after his return
to Delhi the said orders was withdrawn and no action was taken.
In another instance, the National
Council meeting had been fixed in Delhi in 1998 end. The atmosphere was surcharged with strong
rumours that upgraded scale order will be issued leaving out administrative
staff. Our Kerala comrades had arranged
a meeting with Shri O.Rajagopal, Minister of State in the Vajpayee
government. Uma went along with Kerala
comrades to meet him. As soon as he
started telling that they were from AIR & DD, the Minister said “I don’t
have any sympathy for you. When I
requested personally to allow the telecast of PM’S speech during your
agitation, you did not listen. When all
the Kendras relayed the speech it did not go on in DDK, Tiruvananthapuram” He was referring to the SSS agitation.
Immediately Uma told “Sir, first of
all we are from administrative side and we do not have any role in the telecast
of programmes. Moreover the irony is the
government has rewarded those who scuttled the telecast, with higher pay
scales, but we have been left out” Then the Minister understood the situation
and directed them to the MIB Shri Pramod Mahajan.
Similarly in 2007 the talks with
Hon’ble MIB Shri Das Munshi during the strike, was going on regarding upgraded
scales to Administrative employees. The
official side suggested that the issue may be referred to VI pay commission and
the Minister asked for our reaction.
Com. Uma immediately replied that the issue should not be referred to
pay commission and must be settled by the ministry. Then the Minister asked “Even if the pay
commission recommends higher pay scales for you, will you still want upgraded
scale.” Yes, Sir, answered Uma
emphatically. Actually others in the
negotiating team were confused and worried.
They got worried because they were afraid that after pay commission
recommendations are implemented our pay may not be revised. But Com. Uma explained that the case is not
like that and the Minister only wanted to know how much we are attached to the
issue. He also told that if the pay
commission recommends higher scales, which is a remote possibility, nobody can
stop it. There are many more instances like this.
When the amendment to Section 11 of
Parsar Bharati Act was under consideration of the Parliamentary Committee,
ADASA was called upon by the Committee to give our views on the amendment. As usual Com. Uma presented the views. Shri Rao Inderjit, MP was the Chairman. We strongly protested the amendments and told
the Committee to reject them and direct the government to transfer the services
of the employees. The hearing was
over. After some days we visited the Ministry. As soon as we entered the room of the Deputy
Secretary, she abruptly said “We were afraid that all our efforts will go waste.”
She was referring to the amendment. We
later came to know that the Committee was convinced of our arguments and while
the official side was called for consultation they had been grilled. But with political pressure the Committee was
asked to ratify the proposal.
There are several such instances. But considering the space I’m stopping with
this. The person who did all these and
more is retiring.
But what a great difference between the Association that he
led, which he left and what is existing today!
I very much wish that those golden days may return. Will they…… ever return…..!
However, We bid you farewell Comrade Uma.
As you know a government servant retires.
But not a Trade unionist.
R.SURENDRAN
former TN Zonal President.
