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) Department, 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.

* * *

O R D E R:

1. 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
G.O.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 in-
subordination 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 in-
subordination 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-I. While preferring the bill in Audit (PAO/DTA) the
statement appended as Annexure-II, 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 fulfill 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 / 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/PLI 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 APAO of Projects.
These Audit Officers in turn shall furnish consolidated information in the
proforma appended (Annexure-II) to the DTA/Dy,.FA/PAO who will in turn
furnish the information to Government before 15th 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. (I/c)

To
The Accountant General, A.P. Hyderabad
The Accountant General, A.P. Hyderabad (by name)
The Pay & Accounts Officer, A.P. 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 of A.P. Hyderabad
The Secretary, APPSC, Hyderabad
All the Districts Collectors
All the District & Sessions Judges
All the District Treasury Offices
All the Directors of Accounts of Projects
Copy to Genl. Admn. (Spl.B) Department.
Copy to Genl. Admn (SW.I) Department.

// FORWARDED :: BY ORDER//

SECTION OFFICER
 ANNEXURE – I
GOVERNMENT OF ANDHRA PRADESH
………………………. Department

O.O.Rt.No. / Proceedings No. Date:

Sub: Establishment ………………………….. Department treating the period of

strike participated by the Seemaandhra Employees during August to
October 2013 – Orders – Issued.

Ref: 1. G.O.Ms.No. Finance (FR-I) Department, Dated:

2. G.O.Ms.No.292, Finance (A&L) Department, Dated: 22-10-2013
and G.O.Ms.No.298, Finance (A&L) Department, Dated: 29-10-2013.

* * *

In pursuance of the orders issued in the G.O. 1st cited, sanction is hereby
accorded for treating the period of absence of the following Seemaandhra Employees,
who have participated in the Strike during August to October 2013 as Earned Leave /
Earned Leave to be earned / Eligible Leave as shown below:
______________________________________________________________________________________________
SI. Name and Period of Parti- Total Regularisation of Entry in S.R.
No Designation cipation in the No. of period shown in at page No.&
Strike during days col.(4) Volume No.
From to EL/ Balance E.L. to
Eligible be earned

_____________________________________________________________________________________________

1. 2. 3 4 5 6 7 8
______________________________________________________________________________________________

1.

2.

3.
______________________________________________________________________________________________

Leave salary shall be adjusted against the advance already drawn as per orders
2nd cited.

Certified that necessary entries to the above effect have been duly recorded in
their respective Service Registers with proper attestation.

Leave Sanctioning Authority

To

The Individuals concerned.

The P.A.O. Hyderabad / D.T.O. /S.T.O.
The A.G.A.P. Hyderabad
The SF / SCs
 ANNEXURE-II

(Statement to be enclosed to the Bill)

Name of the Officer:- Head of Account

__________________________________________________________________________________________________________

Name of Designation Period of Parti- Regularization Leave Salary Amount Net

the cipation in of period adjusted Amount
employee strike towards Paid
Advance
drawn
________________ _______________ _____________________

From To No.of Earned E.L. to Rate of Amount

Days Leave/ be Pay & Drawn &
(a) (b) (c) Eligible earned Allowances Paid
Leave

__________________________________________________________________________________________________________

1 2 3 4 5 6 7 8 9
__________________________________________________________________________________________________________
 ANNEXURE – III

To
-------------------(Competent Authority)
-------------------
--------------------

Sir / Madam,

I participated in the “Strike” organized by the Employees

Associations of Seemaandhra Region during the period from -------------
to------------------- ( days). In pursuance of the orders issued in
G.O.Ms.No. Finance (FR-I) Department, dt: -1-2014, I request you to
regularize the period of Strike as mentioned below:-

Name & Period of Total Regularization of

Designation Participation No. of the period
in the Strike Days
______________ ____________ ______ _______________________
From To E.L./ Balance E.L. to be
Eligible earned
Leave
_____________________________________________________________________

I have drawn an advance of Rs………. in terms of G.O.Ms.No.292,

Finance (A&L) Department, dt: 22-10-2013 / G.O.Ms.No.298, Finance
(A&L) Department, dt: 29-10-2013 which may be recovered from my
salary to be drawn for the above period.

I request you to kindly regularize the period of strike as above and

necessary orders may be issued.
Yours faithfully

( )