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G.O Ms No. 177

G.O Ms No. 177

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Published by venkykomera
The G.O. Issued by Government of A.P. with an order to control Government Employees/Telangana Employees
The G.O. Issued by Government of A.P. with an order to control Government Employees/Telangana Employees

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Published by: venkykomera on Apr 13, 2011
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02/22/2013

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GOVERNMENT OF ANDHRA PRADESHABSTRACTGAD – Services Welfare – Action to be taken on theemployees, who participate in theagitation programmes like “Strikes”, “Bandhs”, “Pen Down,Chalk Down and Tool Down”,“Non-Cooperation” etc., by signing in the attendanceregisters and not attending officialwork – Orders – Issued.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -GENERAL ADMINISTRATION (SW.I) DEPARTMENTG.O.Ms.No. 177. Dated:13-4-2011.Read:G.O.Ms..No.220, GA (SW) Department, dt.3-6-1995.*******ORDER:In the recent experiences, it was noticed that unconventionaland innovativeagitation programmes like “Pen Down, Chalk Down and ToolDown” and “Non-Cooperation” are being resorted to by the Employees’Organizations / Associations in theState for achieving their demands. It was also noticed thatmost of the employees aresigning in the attendance registers and not attending theofficial work during such agitationpogrammes. In view of recent experiences and the difficultiesfaced by the Government aswell as public and in the interest of public, a necessity hasarisen to issue certaininstructions to face such unconventional and innovativeagitation programmes in future.
 
 2. The Government vide G.O.read above, already directedthat the “No Work – NoPay” policy shall be strictly adopted henceforth. Further,Government made certain rules byname “Andhra Pradesh Civil Services (Conduct) Rules,1964”, for regulating the conductof Government Employees. Government also made certainrules by name “Andhra PradeshCivil Services (Classification, Control and Appeal) Rules,1991”, prescribing the procedureto be followed for initiating disciplinary action againstthe Government Employees forviolation of the said Conduct Rules.3. The Supreme Court in Buckingham Carnatic CompanyLimited vs. Workers of theBuckingham Carnatic Company Limited (AIR 1953 SC 47)held that cessation of work bylarge number of workers for few hours as a result ofconsorted action will amount to strike.The Supreme Court in B.R.Singh vs. Union of India [1989 (4)SCC 710] held that strike ina given situation is only a form of demonstration. There aredifferent modes ofdemonstrations like go slow, sit in, work to rule, absenteeismetc., and strike is one suchmode of demonstration by workers for their rights. TheSupreme Court in T.R.Rangarajanvs. Government of Tamilnadu (AIR 2003 SC 3032) held thatGovernment Servant has noright to go on strike neither fundamental nor statutory normoral. The Apex Court furtherheld that apart from statutory rights, GovernmentEmployees cannot claim that they can
 
take the society at ransom by going on strike. Even if there isinjustice to some extent, aspresumed by such employees in a Democratic Welfare State,they have to resort to themachinery provided under different statutory provisions forredressal of their grievances.Strike as a weapon is mostly misused which results in chaosand total maladministration.Strike affects the society as a whole in society where there islarge scale unemployment andnumber of qualified persons are eagerly waiting foremployment. In GovernmentDepartments or in Public Sector Undertakings, strike cannotbe justified on any equitablegrounds. For redressing their grievances instead of going onstrike, if employees do somemore work honestly, diligently and efficiently, such gesturewould not only be appreciatedby the authority, but also by people at large.4. Accordingly, the Government, after careful examination ofthe matter, hereby orderthe authorities concerned to take following actions in respectof the unconventional anddifferent types of agitation programmes like “Strikes”,“Bandhs”, “Pen Down, Chalk Downand Tool Down”, “Non-Cooperation” etc., if any take place infuture, without waiting forfurther orders from the Government:-i) furnish day-to-day reports on agitation programme to theGovernment by fax (FaxNo.040-23454810) or e-mail to secy_serv_gad@ap.gov.in ofthe Secretary toGovernment (Services), General Administration Department;ii) monitor the employees, who sign in the attendance

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