OPEN - CCA Rules - References (open)
GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
GAD -
Services Welfare - Action to be taken on the employees, who participate in the
agitation programmes like "Strikes", "Bandhs", "Pen
Down, Chalk Down and Tool Down" "Non-Cooperation" etc., by
signing in the attendance registers and not attending official work - Orders -
Issued.
GENERAL
ADMINISTRATION (SW.I) DEPT.
G.O.Ms.No.
177
Dated: 13-4-2011.
G.O.Ms.No.220, GA
(SW) Dept., dt. 3-6-1995.
-
- -
ORDER:
In
the recent experiences, it was noticed that unconventional and innovative
agitation programmes like "Pen Down, Chalk Down and Tool Down" and
"Non- Cooperation" are being resorted to by the Employees'
Organizations/ Associations in the State for achieving their demands. It was
also noticed that most of the employees are signing in the attendance registers
and not attending the official work during such agitation pogrammes. In view of
recent experiences and the difficulties faced by the Government as well as
public and in the interest of public, a necessity has arisen to issue certain
instructions to face such unconventional and innovative agitation programmes in
future.
2. The Government vide
G.O. read above, already directed that the "No Work - No Pay" policy
shall be strictly adopted henceforth. Further, Government made certain rules by
name "Andhra Pradesh Civil Services (Conduct) Rules, 1964", for
regulating the conduct of Government Employees. Government also made certain
rules by name "Andhra Pradesh Civil Services (Classification, Control and
Appeal) Rules, 1991", prescribing the procedure to be followed for
initiating disciplinary action against the Government Employees for violation
of the said Conduct Rules.
3. The Supreme Court
in Buckingham Carnatic Company Limited vs. Workers of the Buckingham Carnatic
Company Limited (AIR 1953 SC 47) held that cessation of work by large number of
workers for few hours as a result of consorted action will amount to strike.
The Supreme Court in B.R.Singh vs. Union of India [1989 (4) SCC 710] held that
strike in a given situation is only a form of demonstration. There are
different modes of demonstrations like go slow, sit in, work to rule,
absenteeism etc., and strike is one such mode of demonstration by workers for
their rights. The Supreme Court in T.R.Rangarajan vs. Government of Tamilnadu
(AIR 2003 SC 3032) held that Government Servant has no right to go on strike
neither fundamental nor statutory nor moral. The Apex Court further held that
apart from statutory rights, Government Employees cannot claim that they can
take the society ut ransom by going on strike. Even if there is injustice to
some extent, as presumed by such employees in a Democratic Welfare State, they
have to resort to the machinery provided under different statutory provisions
for redressal of their grievances. Strike as a weapon is mostly misused which
results in chaos and total maladministration. Strike affects the society as a
whole in society where there is large scale unemployment and number of
qualified persons are eagerly waiting for employment. In Government Departments
or in Public Sector Undertakings, strike cannot be justified on any equitable
grounds. For redressing their grievances instead of going on strike, if
employees do some more work honestly, diligently and efficiently, such gesture
would not only be appreciated by the authority, but also by people at large.
4. Accordingly, the
Government, after careful examination of the matter, hereby order the
authorities concerned to take following actions in respect of the
unconventional and different types of agitation programmes like
"Strikes", "Bandhs", "Pen Down, Chalk Down and Tool
Down", "Non-Cooperation" etc., if any take place in future,
without waiting for further orders from the Government: -
i)
furnish day-to-day reports on agitation programme to the
Government by fax (Fax No.040-23454810) or e-mail to secy_serv_gad@ap.gov.in of
the Secretary to Government (Services), General Administration Department;
ii)
monitor the employees, who sign in the attendance
register and do not attend the normal work during the agitation period and
maintain record of such employees;
iii)
give protection to the employees, who are attending to
the duties, without participating in the agitation programme;
iv) take necessary
action to initiate criminal action on the employees / groups, who disturb the
employees on duty during the agitation programmes;
v)
initiate suitable disciplinary action against the
employees, who participate in activities like playing games, beating drums and
other disturbing activities in the premises of the offices during the agitation
period, which effect the decency and decorum of the Government;
vi) adopt the "No
work - No pay" policy strictly and treat the period of agitation programme
in respect of the employees, who participate in the agitations, as "Not
Duty" and no pay and allowances shall be admissible for that period;
vii) initiate suitable
disciplinary action against the employees, who participate in the agitation
programme, as per the procedure laid down in Andhra Pradesh Civil Services (CCA)
Rules, 1991, for violation of Andhra Pradesh Civil Services (Conduct) Rules, 1964.
5. These orders shall
be communicated to all the employees in the State and placed on the notice
boards of the offices concerned.
6. The Departments of
Secretariat / Heads of Departments / District Collectors shall take further
necessary action accordingly.
(By
order and in the name of the Governor of Andhra Pradesh)
S.V.PRASAD
Chief
Secretary to Government
