GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
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.
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) Dept, 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.
ORDER:
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 GO.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 insubordination 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
insubordination 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-1. While preferring the bill in Audit
(PAO/OTA) the statement appended as Annexure-11, 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 fulfil 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 I 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/PU 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 AP AO of Projects. These
Audit Officers in turn shall furnish consolidated information in the proforma
appended (Annexure-11) to the DTA/Dy,.FA/PAO who will in turn furnish the information to Government
before 1st 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. (1/c)
Leave Rules - References (open)
