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01 April, 2015

G.O.MsNo:33, Date:.31.3.2015 :: Regularisation of Samaikyandhra strike period as Special Causal Leave in AP

G.O.MsNo:33, FINANCE (HRM.IV-FR) DEPARTMENT, Dt:31.3.15 :: Public Services- Strike by the employees during Samaikyandhra movement-Regularisation of strike period as Special Causal Leave-orders-Issued.

Read the following:
1. G.O.Ms.No.33, Finance (FR-I) Department, dt. 04.02.2014.
2. G.O.Ms.No.107, Finance (FR-I) Department, dt. 16.05.2014.
3. Memorandum presented to Honb’le Chief Minister by the Andhra Pradesh Non-Gazetted Officer’s Association on 06.06.2014.
4. Representation of the Joint Action Committee of Employees, Teachers, Workers and Pensioners, Andhra Pradesh, dt. 18.07.2014.
5. Representation of Andhra Pradesh Secretariat Association, dt.16.09.2014.

ORDER:
1. In response to the calls given by their representative associations, several categories of employees of the State Government of Andhra Pradesh participated in general strike during the periods from 13.08.2013 to 17.10.2013 and 06.02.2014 to 20.02.2014, opposing the decision of the Government of India to bifurcate the erstwhile state of Andhra Pradesh.

2. In the reference 1st read and second read above, The Government has issued orders, in effect to sanction Earned Leave for the period of absence of the employee. Where employees did not have adequate Earned Leave in their account, it was ordered that the earned leave available will first be exhausted and the shortfall will be considered for sanction as Earned Leave to be earned,  and shall be adjusted from the future credit of Earned Leave for that employee. Only in case of employees retiring within one year with effect from 13-8-2013, if such employees do not have adequate Earned Leave in their account, it was ordered that any eligible leave be considered for sanction after exhausting the available Earned Leave.

3. The employees associations in their representations to the Hon’ble Chief Minister in the references 3rd to 5th read above, requested the Government to treat the above strike period as duty or sanction ‘Special Casual Leave’ stating that the strike of Seemandhraemployees was for the unity of the State and it was not for service benefits.  

4. The strike call was given by the employees’ associations mainly against the decision of the Central Government to divide the erstwhile state of Andhra Pradesh, reflecting the genuine concern of the employees for the integrity of the State. The strike coincided with the general strike throughout the state at that time for the same cause.  Considering the adverse impact of bifurcation on the successor state of Andhra Pradesh, the strike is to be considered as an action for a just cause intended for the benefit of the public at large rather than for the benefit of employees themselves. The Government has, therefore, considered the demand of the employees’ associations in a sympathetic manner and has decided to sanction special casual leave to the employees who participated in the strike during the periods mentioned in paragraph one above. 

5. Accordingly, in modification of the orders issued in the Government Orders first and second read above, Government hereby order that ‘Special Casual Leave’, equal to the number of days of their actual participation in the general strike, be sanctioned to those employees, who have participated in any or both the spells of the general strike during the periods from 13.08.2013 to 17.10.2013 and from 06.02.2014 to 20.02.2014, as per the calls given by their representative associations, and restore to their leave accounts equal amount of leave, if any, already availed by them in terms of the orders issued in the Government Orders first and second read above. These orders are, however, subject to the outcome of the cases pending in the Hon’ble High Court.

6. The orders in paragraph five above shall apply with immediate effect to the eligible employees belonging to local, district, zonal and multizonal cadres which fall entirely in Andhra Pradesh and deemed to have been allotted to the State of Andhra Pradesh under the third provision to sub-section (2) of Section 77 of the Andhra Pradesh Reorganisation Act, 2014, by the Government of India and notified in G.O.Ms.No. 244, G.A. (SR) Department, dt. 01.06.2014.   However, these orders shall be applicable to the eligible employees belonging to the State cadres or the multizonal cadres which fall in both the states, only after their final allotment to the State of Andhra Pradesh by the Government of India under sub-section (2) of Section 77 of the Andhra Pradesh Reorganisation Act, 2014.

7. In case of those employees who have availed the benefit of the orders in the references 1st and 2nd read above and have thus received payment for the strike period and whose account has been debited, there shall be no payment of cash but only leave will be re-credited into their leave accounts to the extent of actual number of days of theirparticipation in the strike.   Before giving any credit of Earned Leave under these orders the leave sanctioning authority shall satisfy himself/herself that the employee’s leave account was actually debited by the number of days for which the employee went on strike.

8. In respect of the employees who have not availed the benefit of the G.Os. issued in the references 1st and 2nd read above, but have however, drawn Special Advance in terms of the orders issued in G.O. Ms. No. 292, Finance (FR I) Department, dated 22.10.2013 and G.O. Ms. No. 298,  Finance (FR I) Department, dated 29.10.2013, pay and allowances shall be admitted to the extent of the ‘Special Casual Leave’ sanctioned as per the orders issued in paragraph five above, after effecting all statutory deductions and other recoveries due from the employee and also adjusting the advance drawn by him/ her mentioned above. The Drawing and Disbursing Officers shall ensure consequent revision of the instalments of recoveries of various loans and advances already made and indicate the correct instalments in the schedules so that the missing credits for the loans and advances are properly reconciled by the Accountant General (A&E).

9. In respect of the employees who have not availed the benefit of the G.Os. issued in the references 1st and 2nd read above, and have not drawn any Special Advance in terms of the orders issued in G.O. Ms. No. 292, Finance (FR I) Department, dated 22.10.2013 and G.O. Ms. No. 298, Finance (FR I) Department, dated 29.10.2013, pay and allowance shall be admitted to the extent of the ‘Special Casual Leave’ sanctioned as per the orders issued in paragraph five above, after effecting all statutory deductions and other recoveries due from the employee. The Drawing and Disbursing Officers shall ensure consequent revision of the instalments of recoveries of various loans and advances already made and indicate the correct instalments in the schedules so that the missing credits for the loans and advances are properly reconciled by the Accountant General (A&E).

10. The Drawing and Disbursing Officers before making payment shall verify from the leave sanctioning authority/Service Register of the employee that the employee had not availed the benefit in terms of G.Os 1st and 2nd read above and enclose a certificate to the effect that no emoluments have previously been drawn for those days.

11. The leave sanctioning authorities shall record necessary entries regarding sanction of ‘Special Casual Leave’ in the Service Registers.
 
12. In the case of employees who went on strike and have since retired or died, appropriate action as per the orders issued in paragraphs five to ten above, shall be taken by the competent authorities and arrears, if any, shall be drawn and paid to the retiredemployee or the legal heirs, as the case maybe.  Their pensionery benefits shall be revised accordingly, if necessary.

13. In respect of those employees who on the date of commencement of the strike, are on sanctioned leave of any kind, either on private affairs or on medical grounds and whose leave period falls in whole or part of the strike period, no orders for cancellation of such leave shall be issued by the leave sanctioning authorities on any ground. And they are to be treated as though they are continuing on leave and the benefit in paragraph five shall not be admissible to them to the extent of sanctioned leave.

Download G.O.MsNo:33, Date:.31.3.2015

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