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Election duty of government employee

(Querist) 04 July 2014 This query is : Resolved 
The given below is text from HANDBOOK FOR BLO issued by ECI, New Delhi.

Under Section 13B (2) of Representation of People Act, 1950,BLOs are appointed from amongst the officers of the Govt. /Semi Govt. /Local Bodies. Generally,one BLO is responsible for one part of the electoral roll. The DEOs in consultation with the EROs of the Assembly Constituency
(AC)appoint the BLOs. Following is a list of categories of the Govt/Semi Govt employees who can be appointed as BLO:-
1. Teachers
2.Anganwadi workers,
3.Patwari/Amin/Lekhpal,
4.Panchayat Secretary,
5.Village Level Workers,
6.Electricity Bill Readers,
7.Postman,
8.Auxiliary Nurses & Mid-wives,
9.Health workers,
10.Mid-day meal workers,
11.Contract teachers,
12.Corporation Tax Collectors, and
13.Clerical Staff in Urban area (UDC/LDC etc.)

BLOs would continue to discharge the responsibilities assigned
to them by their parent offices and would remain generally under the control of their administrative department, but they would not be transferred without prior permission of the DEO.

ISSUE :
one employee (post-Messenger Boy) of my organization which is an autonomous body funded by State Govt and ICAR has been working at the office of District Transport Officer from past 3 years.
He has not attended a single day at his parent office and drawing monthly salary as well.

Every month letter is issued by DTO that his services has been extended by one more month in connection with election/pension related work.

Q1. Can he be legally retained year after whereas most of the BLO relieved from election duty after MAY month.
Q2. As the employee is messenger boy can he be rightfully appointed BLO or given election duty related work?

The fact is employee himself also do not want to come back at his parent office because he is enjoying and perhaps making money at outside department.
Anirudh (Expert) 04 July 2014
Can you please indicate in what way you are concerned with this issue.
Rajendra K Goyal (Expert) 04 July 2014
Write to the distt. election office.
P. Venu (Expert) 05 July 2014
It is a fact that officers at lower level use the RP Act as a ruse to dominate over officers in other departments. The onus with the latter officers to stand firm in refusing to do more than what the law requires.
T. Kalaiselvan, Advocate (Expert) 06 July 2014
If your concerned with the issue, you can make official representation with the competent authorities seeking details and getting back your staff on the said grounds, refer to the deputation rules in this regard.
Yogesh (Querist) 16 July 2014
I have sent letter to my Administration to get the employee relieved from BLO duty and copy to DTO, Deputy Commissioner which is (DEO), Chief Election Officer (Punjab)

But again the services of employees extended to 15/Aug
Yogesh (Querist) 16 July 2014
what are the deputation rules in such case ? can you please share weblink to download the Punjab Govt or similar rules.

Can we transfer permanently this employee from our department to DTO so that they bear the financial cost and we can hire/recruit another person as his replacement.

thanks


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