all india association of statistical investigators by lindash

VIEWS: 2,859 PAGES: 10

                                  GOVERNMENT OF INDIA
            NSSO (FOD), Level No. 4 to7 East Block- 6 R.K.Puram New Delhi- 66

No. SK/1/2006
Dated: 25.10.2006

        The Unit Secretary / President / Treasurer
        All India Association of Statistical Investigator (AIASI)

Reference: In continuation of AIASI letter No. HCU/ 1 2005 dated 18.10.2005 (written
           by H. C. Upreti), letter No. SK / 1 / 2006 dated 20.6.2006 (written by Sunil
           Kaushik) and letter dated 9.10.2006 (written by Sh. Ajay Saxena)

Dear comrades,

        Thank you very much for your sincere cooperation extended to the Association in
the hour of crises. Shri Ajay Saxena‟s dynamic leadership has guided the members to
fight for their right, while continuing to perform their official duties and responsibilities.
This despite the fact that most of the members have not got their promotions long due,
nor their desired ACP. Without any official sympathy the Investigators as a whole has
shown immense sincerity to continue the work. I am trying to explain the views of the
Association and other developments on various aspects in the following paragraphs:-

     1. It is to bring to the notice of all members that during the TWO CADRE case and
        ACP matter (O.A. No. 351/03 & O.A. No. 2770/03) at the PB CAT New Delhi,
        the AIASI had to produce 1114 affidavits collected from the members of AIAI
        working in NSSO (FOD) throughout the country and submitted before the PB
        CAT New Delhi. Therefore every member of AIASI who submitted the affidavit
        in the above case has become automatically individual party along with AIASI.
        Therefore it is requested to all those members who have submitted their
        affidavits in both the cases through AIAI to fill the membership form along
        with authorization form and submit it to the concerned Head of Department
        / D.D.Os under intimation to General Secretary / Treasurer of AIASI to avoid
        future inconvenience, as both the cases are further being fought by AIASI at the
        level of High Court, New Delhi.

     2. Further, It is also to bring to your kind notice that, at the time of recognization of
        AIASI, 1100 (approximately) statistical investigators grade III & IV submitted
        their membership form and authorization form to the MOS&PI. But from the
       annual subscription record, it is seen that 50% of annual subscription of each
       members are not reaching to the Central Treasure of AIASI regularly. This might
       have happened due to (i) non-submission of the authorization form by the
       members of AIASI to the concerned D.D.Os, or (ii) it may be possible that some
       of the concerned unit treasures of AIASI are not sending regularly 50% share of
       Central Association of each member to the Central Association working in their
       jurisdiction, (iii) Concerned DDO‟s of the member are not deducting their
       subscription as per direction of MOS & PI, and (iv) 50% share of the Central
       Association are not being forwarded to the authorized person. Therefore it is once
       again requested to all unit Secretaries, Presidents and Treasurers to send 50%
       annual subscription (central share) or donation, if any, to the Central Treasurer of
       AIASI for the year 2005-06 (for those who have not sent it so far, otherwise treat
       it may be ignored) and 06-07 on urgent basis in the form of Bank Draft in
       favour of Central Treasurer (AIASI), along with list of members to the Sh
       H. C. Upreti, Regional Office, NSSO(FOD), East block- 6 Level No. 4 to7,
       R.K Puram New Delhi-110066 under intimation to General Secretary, President
       of Association so that proper account could be maintained and placed before
       coming General body Meeting. It will be far batter if the delegates likely to
       attend the General Body Meeting come with the details of amount sent to the
       Central Association alongwith the list of members with e-mail address and their
       Mobile numbers. This may please be treated as most urgent. The above
       information will definitely help to access the following information:

           (i)      To find out zone wise paid and unpaid members of AIASI in a
                    particular year.
           (ii)     To find out annual income and expenditure.
           (iii)    To plan future course of action.
           (iv)      Year wise subscription details could be maintained for each member
                    of AIASI.
           (v)      Month, date & item wise expenditure including month wise opening
                    and closing balance could be maintained at the central level.
           (vi)      These steps would definitely increase the level of confidence,
                    transparency among the members of AIASI.
           (vii)    Proper monitoring can be done with regard to deduction, collection,
                    and expenditure of the fund.
           (viii)    Zone wise collection and member strength could be examined.
           (ix)      Allocate the proper responsibilities to the office bearer of AIASI
           (x)       Performance of concerned zonal CEC member could be examined.

 3.     It is further clarified that the implementation of CAT Judgment in Fixation of
Pay under FR 22 (1) (a) (2) and allocation of work in two cadres will ultimately help
the Association in fighting the Two Tier Case and ACP Case in Delhi High Court,
which are likely to come up in early next year. By invoking FR 22 (1) (a) (2) in fixation
of pay in Non-functional scale will prove that Non-functional pay scale and ACP scheme
can not run concurrently, as specified by DOP&T in condition no. 13 & 9 of Annex dated
9.8.1999 and its subsequent clarification no. 2 of ACP case, and the employer has no
option but to withdraw the non-functional pay scale from the hierarchy of SSS w.e.f. its
operationlization. In case the hierarchy of SSS gets revised, ACP given in the earlier
hierarchy (Rs. 5500-9000) will be revised to the Scale of Rs. 6500-10500 even in cases
where ACP has already been granted. Secondly, it will surely be beneficial in two tier
and ACP cases, that you will appreciate in coming days. Thirdly, after implementation of
CAT Judgment in Fixation of Pay, the position is that the work allocation is in two cadre,
transfer & postings in two cadre, and of course pay fixation should also be in two cadre.
What would be the fate of the four tiered building of SSS before the VIth pay
commission will be seen by all of you in near future.

       Details of court cases are given below:

 Sl.   Matter     Status in PB CAT New Delhi Position in High Court New Delhi.
 No    related    Case no.    Next    Final   Case no.     Next      Final position
 .     to                     date of positio              date
                              hearing n                    of
 1     Two tier O.A. No. Nil          Lost    WP No. -               Matter admitted.
                  351/03                      719-20/06
 2     ACP        OA No. Nil          Won     -            7.2.07 Stay not granted as
                  2770/03                                            desired by the Deptt..
                                                                     Next date in Ho‟ble
                                                                     High Court is 07.02.07
 3     Date of OA No. Nil             Won     -            7.2.07 -do-
       Impleme 1845/04
       of SSS
 4     Pay        OA No. Nil          Won     Judgments partially implemented. AIASI filed
       fixation 1607,                         contempt of court vide CP 213/06 in PB CAT
       in NFSG 2030/04                        New Delhi for fully implementation of the
                                              Order. Next date of hearing scheduled for
 6     Wrong      OA No. Nil          Won     Govt. moved to High Court. Pending for
       Inductio 2292/05                       listing. CAVIAT has been filed by the
       n       of                             applicant with the help of AIASI.
       Group B
       nts     in
       group C
 7     Non        OA No. 30.11.06 Came NA                    NA          NA
       response 855/06                up for
       of                             hearin
       represen                       g
 8    Wrong       OA No. Matter           Came NA        NA                  NA
      inductio    862/06 admitted         up for
      n                                   hearin
 9    ACP         OA No. Nil              Won    WP( C ) 15.2.2007           Came      up   for
      Prior to    1678/04                        No.                         hearing
      12.2.02                                    1761/06
 10   Promoti     OA No. Matter           -      -       -                   -
      on     in   1964 / 06 admitted

The following cases are also being fought by the individuals under the guidance of

 1    decisions taken by the Govt. on the        OA No. 905 / 06.                 23.11.06
      ACR(s) not communicated whether            Rakesh Singh Vs. UOI.
      average or adverse                         PB CAT New Delhi.
 2    decisions taken by the Govt. on the        O.A. No. 783 / 05. J.P.Gupta Vs. 13.10.06
      ACR(s) not communicated whether            UOI at CAT Allahabad
      average or adverse
 3    2nd ACP to those who joined as Asstt.      Madan Mohan(Posted at Meerut) 9.11.06
      Supdt. in FOD on direct recruitment        Vs.U.O.I in O. A. No. 1864 / 06 PB
      basis                                      CAT New Delhi.

4.      Dear our members of AIASI (S.I.Grade III & IV), kindly ensure that normal
office work may not suffer or affected in any way, take up the Govt work with sincerity
and dedication and pay due respect to all Senior Officers . If any problem arises during
the field work due to new pattern of allocation of work, the same may please be solved
with proper understanding and cooperation at the local level. However, our Association is
ready for the battle at any level for our rights and grievances without compromising the
quality of work, in a democratic manner.

5.      Dear comrades it is the responsibilities of all members to try to increase the
strength of AIASI, minimize the differences between the members of AIASI, unite under
the umbrella of AIASI, adopt transparency in each aspects specially financial matters and
cooperate the central body of AIASI.

6.     The S.I.Grade – III&IV who have not yet been members of AISAI are once again
requested to fill the membership form along with authorization   form and submit it to
the concerned Head of Department/D.D.Os under intimation to General Secretary /
Treasurer of AIASI. Association has strong view to respect each member‟s
sentiments/views. If any member      has difference of opinion/ views on decisions
already taken by the Association, the same may be sorted out with the members through
7.     Dear comrade I appeal all of you to participate in the next General Body Meeting
and show your unity and boost the moral support and motivate the members as well as
your leaders so that future battle/ challenges can be faced in proper manner.

 8.     Dear members, it is brought to your kind notice that our immediate senior officers
Association (S.I. Grade-I &II) is trying hard to create confusion, breaking our unity of
AIASI with the support of others in the same ladder or even outside of the ladder. They
are not fighting for the grievances of their members but they are very much interested to
know, what is the activity of AIASI, How to create confusion and how to break the unity
of SI Grade III &IV. In this regard, it is brought out to your notice that the few actions
which were the responsibilities of the senior officers Association but they have not done
intentionally perhaps due to fear of Superior officers. Some of them are reproduced

       (i)    You may be aware that one OA No 1374/98 in the PB CAT New Delhi
              was filed by the All India Association of Assistant Superintendents (1)
              NSSO (FOD) in which one important issue was involved, that is the
              “Grant of upgraded pay scales under 81.17 to the incumbents posted
              in other participating ministries of SSS without formation of SSS”.
              On this issue the PB CAT New Delhi gave judgment in favor of AIASA
              (1). Thereafter the judgment of the CAT was challenged by the Govt.
              including others in High Court of Delhi vide CWP No 144/99, wherein
              Hon‟ble High Court gave the judgment in favour of Govt. on the basis of
              the affidavit that upgraded pay scales under 81.17 can be given without
              formation of SSS. Further the Judgment of Hon‟ble High Court in WP(C)
              No 144/99 was challenged by the AIASA(1) in the Hon‟ble Supreme
              Court vide SLP Nos. 4416-4417/1999 in which court disposed off the
              SLP in view of the constitution of the SSS, with the liberty to the
              AIASA(1) to fresh cause of action if the Association had any grievances.

                      But unfortunately all of a sudden Govt. has changed their previous
              stands, which have been taken in the various courts. This can be seen in
              the enclosed letters (Annex-A) issued to the incumbents by the
              Department. But our big brothers of Statistical Service officers
              Association (SSOA) are not taking any follow up action and sitting
              silently, perhaps under the pressures of the higher ups. They let the
              opportunity go without any justification.

       (ii)   The former Asstt. Supdts. who joined on direct recruitment basis, are
              eligible for 2nd ACP in the pay scale of Rs. 8000-13500, but our big
              brothers did absolutely nothing in this regard. Nothing is being done for
              them in the impression that they are useless for them since they are going
              to be retired in a very short term or may be for some other self interests
              involved. If the judgment of AIASI in OA. No. 2770/03 gets implemented
              by the Govt., then all those Asstt. Supdts. would be benefited. The AIASI
        are fighting the ACP matter from different angle and in different style. But
        what our big brothers are doing, just putting hurdles in different ways and
        to see that nothing is gained by the FODIANS/ members of SSS.+

(iii)   Where were our big brothers when our 110 Adhoc and 108 regular Asst.
        Superintendents were not placed in the scale of Rs. 6500-10500 at the
        time of formation of SSS? They were allowed to be thrown in Gr. „C‟
        inspite of being in Gr. „B‟ since 1996. SSOA never written to the CCA on
        their plight. Our Association filed the case in CAT Principal Bench for up-
        gradation of regular Asst. Supdts and one regular Asst. Supdt from Delhi
        is the party in the case. Now all of a sudden the regular Asst.
        Superintendents are being remembered by SOSA. The question is why
        they want promotion for them now? That some officers might have asked
        them that without promotion, work may hamper and Ajay Saxena is trying
        to stop promotions.Now, I will tell you why we don‟t want promotion at
        this stage for Statistical Investigator Grade –III:-

         (a) No one would like to be disturbed for Ad-hoc promotion, benefit for
             which are not given to them from back date.
        (b) ACPs for all of us is due in 2007.

        The AIASI is not against regular promotions and we want that atleat
        50% vacancies be filled up on regular basis immediately.

(iv)    As per the Gazette Notification dated 12th February 2002, different
        Ministries/ departments agreed to participate in the SSS. However
        certain Ministries/ departments withdrew the posts from SSS and
        while certain Ministries / departments included the posts in SSS by
        the time the amended notification was published dated 4th April
        2003. Those left out in the notification dated 4th April 2003 also
        introduced higher replacement scales for the Statistical functions
        posts in their department. This is contradictory to the sprit of the
        recommendations of the 5th CPC made vide para 81.17 of its report
        and the reply of the Government filed in OA No. 3050/04
        (M.L.Kohli Vs UOI). The reply filed in OA No.3050/04 is
        reproduced below:
        “ It is submitted that the fifth Central Pay Commission made
        recommendations for improvement in pay structure of group B and C
        statistical functions posts only in the context of the recommendations
        towards constitution of the SSS. It is further submitted that without
        constituting the SSS, the said posts would have got only the normal
        replacement scale as mentioned above. Thus, grant of upgraded pay scale
        with effect from 1.1.1996 and subsequent constitution of the SSS and its
        operation of the SSS with effect from 1.4.2004 have to be viewed
        together and not in isolation.”
(v)   The Hon‟ble big brother‟s association during the period of 1996
      refused to do the listing work for the Enterprise Survey Scheme,
      thus surrendering almost 196 posts of Asstt. Supdts, which otherwise
      would have benefited some of Investigators who had a long period
      of service. If we go back to the history of activities of the big
      brother‟s Association, they have always thrived for their benefit at
      the cost of their juniors. The leaders of the Hon‟ble big brother‟s
      association even sacrificed the major issues which would benefited
      their own brothers of their association at the alter of senior officers,
      for a pecuniary benefit of getting a posting in a place of their own

      It is further stated in the reply that:

      “ the fifth Central Pay Commission recommended for grant of the
      upgraded pay scales to group B and C statistical function posts only
      in the context of the constitution of the SSS. The upgraded pay
      scales w.e.f. 1.1.1996 in consonance with the recommendation of the
      fifth Central Pay Commission which had simultaneously
      recommended for constitution of SSS.”

   In spite of the above it is also mentioned by the Govt. in the WP( C )
No. 1761/2006 and CM No. 1553/2006 U.O.I Vs. Surender Kumar in
the High Court of Delhi vide sub-para ( v ), ( viii ) and (xv) of the
grounds are reproduced below:

   (i) “The without constitution of SSS the respondent would have got the
   normal replacement scale”

   (ii) “That the upgraded pay scale was granted as ad-interim measure”.

   (iii) “The scale of Rs. 7450-11500 in terms of relevant RRs governing
   the cadre of SSS would be deemd to have come into existence w.e.f.
   1.1.1996 the day on which the pay scale of Investigators was upgraded
   from Rs. 5500-9000 to Rs. 6500-10500 keeping in view the likely delay
   in constitution of SSS”

   It is clear that those who walked out of SSS were to be given the normal
   replacement scales in their department / Ministry. This issue was to be
   raised by Statistical Service officers Association (SSOA) that whether
   these posts have been given the normal replacement scales or the higher
   replacement scales as recommended by the fifth Central Pay
            Commission. If those allowed to withdraw from SSS have been given
            the upgraded pay scales without being part of SSS, then the service has
            to be implemented w.e.f. 1.1.1996. The reply given by the
            Government in the above OA before the Hon’ble CAT, New Delhi
            and the WP( C )No. 1761/2006 & CM No. 1553/2006 U.O.I. Vs.
            Surender Kumar before the High Court of Delhi, also supports the
            contention that the Service was to be constituted w.e.f. 1.1.1996 in
            consonance with the recommendation of the fifth Central Pay
            Commission instead of 12th February 2002 and its
            operationalisation w.e.f. 1.4.2004. But so called leaders of Statistical
            Service officers Association (SSOA) are not taking any action keeping in
            view the above stated facts ( i to v) and sitting silently, perhaps due to self
            interests or other reasons known to them only

        Lastly, we are thankful to all of you for support, cooperation and guidance
 extended to us, so far in all matters of the AIASI. But without your effective support, we
 cannot achieve any thing in the association matter. We assure you that we will continue
 to honor and respect your ideas, views and suggestions for the development of the AIASI
 and welfare of its members. I am further request you on behalf of AIASI, please unite
 our community (SI Gr.-III & IV) and be ready for coming battle under the able,
 dedicated, dynamic, and honest leadership of Sh. Ajay Saxena,(S.I.Grade – III) General
 Secreatry AIASI along with his team.

        I once again request to all our brothers to beware of our enemies, be in the Deptt.
 Or outside.

        This letter may please be circulated up to the level of SROs and brought to
 the notice of all members of AIASI.

        (Sunil Kaushik)                                      (H.C.Upreti)
        President (AIASI)                                    Central Treasurer (AIASI)
        S.I.Grade-IV                                         S.I.Grade-III

Ajay Saxena, SI. Grade – III        Sunil Kaushik, President     H.C.Upreti, Treasurer
 Gen. Secretary, AIASI NSSO         NSSO(FOD), East block –      S.I.Grade- III,
 (FOD),B/II, C.G.O. Complex,        6,                           NSSO(FOD), Delhi
 Sanjay Place, Agra (U.P.) Mob.     Level no. 4 to 7,            Region, East block-6
 No. 09412262300                    R.K.Puram, New Delhi-        Level No.4to 7, R.K.
 E.Mail-address:                    110066.                      Puram, New Delhi-66    S.I.Grade Grade- IV,         Mob. No.09911149456
                                    Mob. No. 09213130393,        011-22182993,(R)
                                    0124-5080490 ( R )           E.Mail address:
E.Mail address :

To top