Thursday, 21 February 2019

Consenting offering - Contributions - Donations from the salaries of employees Illegal Request to the Government - Not to act on such consent letters of the Associations - Represented. APGEA Letter to Chief Secretary to the Government.

The Chief Secretary to the Government
Government of Andhra Pradesh,

 Dated: 20-02-2019


Sub: - Public Services - Employees Service Associations - Consenting offering - Contributions - Donations from the salaries of employees Illegal Request to the Government - Not to act on such consent letters of the Associations - Represented - Regarding

Ref: - Representations from certain employees Associations and APJAC.


     It is to bring to the notice of the Government that it has become a practise and publicity stunt by the some of the employees Associations in giving offer letter to the Government for deduction from the salaries of the employees towards contributions to various causes, without the consent from the individuals. The Government also issued orders without making provision for such deductions from the salaries of the employees those who have expressed willingness or consented for such deductions .

     It is also to bring to the notice of the Government that, doubting the legal validity of such offer letters by the Associations and the orders of the Government, we have represented not to issue orders for mandatory deduction without consent of the individual employee. Besides, we have also represented the Government not encourage such ill practises by the Employees Associations where there is a provision/ option to make any charity/ contribution/ donation directly by the employees, whereas, the Government did not consider and allowed the practise in the recent occasions. Incidenta lly, the Government did not even bothered to reply to our repeated representations and allowed the forcible deductions to happen and the attitude of the Government is unable to comprehend in this regard.

     Once again it was widely publicised in the print and electronic media a couple of days ago that some of the employees Associations have given cheque of Rs.30 Crores towards the contribution of financial assistance to the Martyrs families. (Paper clippings enclosed ).

     In this regard, it is to bring to the notice of the Government that, if those Associations have given contributions by way of cheque/ D.D by collecting from their members their action will be highly appreciable, whereas, it is highly objectionable, if, it is once again in the form of offer letter consenting to contributions by employees from their salaries.

We wish to bring to the notice of the Government,in the instant occasion, it is really a great sacrifice byIndian Soldiers for our Country and the Nation has
to stand behindIndian Army. As a part of homage and support toIndia's Brave
hearts, the Ministry of  Home Affairs,  Government  of India  launched a portal
"https:/ / donorLogin"  for  Corpus  fund  raising   for Indian soldiers and the contribution made is also exempted under section 80 G of ncome Tax Act.(With PAN linked).

     Further, the portal generates a certificate  by name of the contributor thanking the contributor for honouring the supreme sacrifice of brave hearts of CAPF and supporting Bharth ke veer fund. (Copy enclosed). This gives a sense of emotional satisfaction to the contributor for the contribution made by him/ her.

     We the A.P. Government Employees Association have already gave a call to all our members to contribute generously in the above said process, further, we are also not part of any so called "JACs".

     We wish to bring to the notice of the Government that, most of the employees have already responded positively and offered their contributions in online mode.
We further bring to the notice of the Government that:

↔There are as many as 100 service Association recognised by the Government of Andhra Pradesh under APCS ROSA Rules, representing various sections/ categories of employees and thus it is clearly evident that, there is no monopoly representing capacity to any of the employees Association on behalf of all the employees.

↔The Government acting upon representation made by some of the Associations even without verifying the authenticity of the signatories while issuing orders.

↔The Government issuing orders for deduction of contribution/ donation by
compulsion without providing the option of willingness from the individual employee, which act is already declared as unlawful by the Hon'ble Supreme Court of India in the case of Government of Kerala vs. Kerala NGO  Sangh  with  regards  to  compulsory  contribution  to   Kerala  flood victims vide SLP No.28638 of 2018 Dated 29.10.2018.

↔The Government cannot compel the employees on forcible charity /donations /contributions,  from  their salaries without their consent/ willingness.

In view of the above,we request the Government:

↔Not to issue any orders making mandatory/ compulsion of contribution from the salaries of the employees based on the unauthorised consent/ offer letters by some of the employees Associations.

↔Not to encourage the Service Associations to commit such illegal acts in future.

↔The Government at the best may issue a communication to the HODs informing the employees to send their contributions in online mode directly to the "https: / / bharatkeveer . gov.i n/donorlogin" Corpus fund for Martyrs families as per their choice, if desires to do so, instead of making compulsion.

We solicit immediate action.

Encls: as mentioned.



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