Sakala Janula Samme by the Gazetted and Non-Gazetted Officers of Telangana Region – Treatment of period of Strike as “Special Casual Leave”

GOVERNMENT OF TELANGANA

ABSTRACT

Public Services – Sakala Janula Samme by the Gazetted and Non-Gazetted Officers of Telangana Region – Treatment of period of Strike as “Special Casual Leave” – Orders – Issued.

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FINANCE (HRM.III) DEPARTMENT

G.O.MS.No. 1                                       Dated: 02-01-2016                                                                                                           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, dt.16.8.2011.

4. Agreement between Government of Andhra Pradesh and Telangana Joint Action Committee of Employees, Gazetted Officers, Teachers and Workers, dt.24.10.2011.

5.   Minutes of the meeting of Group of Ministers held on 13.2.2012.

6. Orders of the Hon'ble High Court in W.P.MP.No.7536/2012 in W.P.No.20913/11 dt.5.3.2012.

7.   G.O.Ms.No.82, Finance (FR-I) Department, dt. 29.3.2012.

8.  Representation from the Chairman, Joint Action Committee of Employees, Gazetted Officers, Teachers and Workers& President, TNGO’s Central Union and others, Hyderabad dated 18.2.2015.

                                                                    ** * **

ORDER:

            In the reference 1^stread 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 2^ndread above the Government kept in abeyance the orders issued in the reference 1^st read above.

3.         In the reference 3^rdread above the Hon’ble High Court stayed the operation of G.O.Rt.No.1617, dt.18.4.2011 and ordered that no modification ofG.O.Ms.No.177, G.A. Dept., dt. 13.4.2011 shall be made by the Government pending disposal of the case, without the prior leave of the Court.

4.        Employees belonging to Gazetted and Non-Gazetted Officers of different Associations in the Telangana Region went on strike from 13^th September, 2011 onwards. In the reference 4^thread above an Agreement has been reached between the Government of Andhra Pradesh and Telangana Joint Action Committee of Employees, Teachers and workers (TJAC) on 24.10.2011.  Accordingly, the Telangana Joint Action Committee of Employees (TJAC) agreed to resume duties w.e.f. 25.10.2011.

5.         In the reference 5^thread above the Group of Ministers recommended that “regarding the period of absence from 13.9.2011 or from later date to end of strike (42 days), it can be considered for sanction as Earned Leave and wherever the employee does not have Earned Leave in his/her account to the required extent, the short period can be considered for sanction of “Leave not Due” and this period shall be adjusted from the future credit of Earned Leave. In case of employees retiring in next one year, if such employee does not have earned leave in his/her account, the leave of eligible kind may be considered for this purpose. After orders in circulation to this effect are obtained from Chief Minister, the same will be put before High Court of Andhra Pradesh through a supplementary affidavit for their further orders.”

6.        In pursuance of the recommendation of the Group of Ministers the State Government filed an application before the High Court seeking modification of the orders 3^rdread above. In the reference 6^th read above the Hon’ble High Court allowed W.P.M.P.No.7536/2012 and modified their earlier order dt.16.8.2011 to enable the State Government to implement the recommendations of the Group of Ministers.

7.         Government accordingly accepted the recommendations of the Group of Ministers.  It was ordered that the period of absence from 13.09.2011 or such a  later day as applicable till they resumed duties after ending the strike (maximum 42 days) be sanctioned as Earned Leave on application by the employee. Detailed procedural instructions were also issued in paras 7-11 of the above G.O. 7^th read above for the benefit of leave sanctioning authorities and also Drawing officers for the purpose of clarity and for ensuing that the orders of Government are given effect promptly and properly.

8.        In the reference 8^th cited the Chairman and President, TNGOs Central Union and others, Hyderabad, have stated that the Joint Action Committee of Telangana Employees, Gazetted Officers, Teachers, Workers and Pensioners, have participated in “Sakala Janula Samme” as per the aspiration of Telangana people from 13.09.2011 to 24.10.2011. The Joint Action Committee of Telangana Employees, Gazetted Officers, Teachers, Workers and Pensioners accordingly have been requesting for the sanction of Special Casual Leave for 42 days Sakala Janula Samme period in integrated Andhra Pradesh.The Chairman, Joint Action Committee of Employees, Gazetted Officers, Teachers and Workers and President, T.N.G.Os., Central Union and Others in their representation 8^th read above haverequested the Government of Telangana to treat this period of “Sakala Janula Samme” i.e. 13.9.2011 to 24.10.2011 as “ON DUTY” with all consequential benefits.

9.        The Government,on a careful consideration of the request have decided to sanction “Special Casual Leave” to the employees who participated in the Strike during the above period.

10.       Accordingly,Government hereby order that the “Special Casual Leave” equal to the number of days of their actual participation in Sakala Janula Samme be sanctioned to those employees who had participated in the above Samme and restore to their leave accounts equal amount of leave, if any, already availed by them in terms of the above orders.  These orders, shall be however subject to the final orders in the cases pending before the Hon’bleHigh Court.

11.       These orders shall apply with immediate effect to the eligible employees belonging to local, district, zonal, and multi-zonal cadres which fall entirely in Telangana State and deemed to have been allotted to the Telangana State by the Govt. of India and notified in G.O.Ms.No.244, G.A. (SR) Department, dt.01.06.2014. These orders shall alsoapply to the eligible employees belonging to the State cadres or Multizonal cadres, which fall in both the States, only after their final allotment to the state of Telangana by the Govt. of India.

12.       In the case of those employees, who have availed the benefit of orders in the reference 7^thread above and thus received payments for the strike period and whose leave accounts have been debited, there shall be no payment of cash but only leave will be recredited into their leave accounts to the extent of actual number of days of their participation in the Strike and leave debited to their accounts. 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. 

13.  In respect of the employees who have not availed the benefit of the G.O. issued in the reference7^thread above, but have however, drawn Special Advance in terms of the orders issued in G.O.Ms.No.240, Finance (A&L) Department, dated 28.10.2011, 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).

14.       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.O. 7^thread above and enclose a certificate to the effect that no emoluments have previously been drawn for those days.

15.       The Leave Sanctioning Authorities shall record necessary entries regarding sanction of ‘Special Casual Leave’ in the Service Registers.

16.       In the case of employees, who participated in the Sakala Janula Samme and have since retired or died, appropriate action as per the above orders shall be taken by the competent authorities and arrears if any shall be drawn and paid to the retired employees or the legal heirs as the case may be. Their pensionary benefits shall be revised accordingly if necessary.

17.       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 leaveSanctioning Authorities on any ground and they are to be treated as though they are continuing on leave and the benefit in paragraph 11 shall not be admissible to them to the extent of sanctioned leave.

18.       All the Departments of Secretariat and Heads of Departments shall follow the above orders scrupulously.

19.       The G.O. is available on Internet and can be accessed at the address http://goir.telangana.gov.inand http://finance.telangana.gov.in

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

                                                                        K.PRADEEP CHANDRA,

                                                                  SPL.CHIEF SECRETARY TO GOVERNMENT

To

The Accountant General, T.S., Hyderabad.

The Accountant General, T.S., Hyderabad. (by name)

The Pay & Accounts Officer, T.S., Hyderabad.

The Secretary to Governor, Rajbhavan, Hyderabad.

All Spl. Chief Secretaries/Prl. Secretaries/Secretaries to Govt.

All the Departments of Secretariat.

All the Heads of Departments. 

The Registrar, High Court for the State of Telangana and for the State  A.P., Hyderabad.

The Secretary, TSPSC, Hyderabad.

All the District Collectors in Telangana Region.

All the District & Sessions Judges in Telangana Region. 

All the District Treasury Offices in Telangana Region. (with copies of STOs).

All the Directors of Accounts of Projects in Telangana Region.