working without will
Binod Kr.
(Querist) 06 June 2014
This query is : Resolved
Hello everyone.
I want to ask that can a District Collector force his employees to work on a post by giving them additional charge ( प्रभार )? If they don't want to?
Some DCs are forcing their VLW to work on post of Panchayat Secretary. Can an IAS officer do anything he wants?
Devajyoti Barman
(Expert) 06 June 2014
Neither IAS officer nor a Minister can force a govt. servant to wok beyond his schedule.
Unless there is govt. notification or delegated power on the administrative officer an employee can not be force to wok in addition to what he has been appointed with.
Guest
(Expert) 06 June 2014
Are you VLW and have been given the additional work as Panchayat Secretary?
Dr J C Vashista
(Expert) 07 June 2014
I hope the DC has not asked for a personal favour and assigned additional office work?
Is it your wish/ will that will prevail over your Officer?
Why are you reluctant to take additional work responsibility when you are in service?
The assigning of additional job/work depends upon various factors, which include capablity of employee, job requirements, government policy, and situation to situation, where your officer (IAS) has to give to all subordinates.
Why do you not accept the assinged additional responsibility as an opportunity to prove your worth and be in the good books of your Officer?
Binod Kr.
(Querist) 07 June 2014
Yes, PS Dhingra Sir.
Binod Kr.
(Querist) 07 June 2014
Dear, Dr J C Vashista.
We are reluctant to work as Panchayat Secretary because our departments are entirely different from one another. VLWs are supposed to do agricultural work whereas PSs do rural development. Actually we have no issues with PS post. The only problem is MGNREGA! It's full of corruption. Everything except MGNREGA is fine to me. We are on this post since our joining. We haven't done a single work of agriculture since then.
Sudhir Kumar, Advocate
(Expert) 07 June 2014
I am not able to agree with Mr Barman.
FR 11 applies to central employee. As per this rule any govt servant can be put to any duty for any no of hours even without extra remuneration.
There is bound to be similar provision in state Govt.
Guest
(Expert) 07 June 2014
Dear Binod,
First of all, you should know that you are not paid for working at your will. Government has employed you not for working at your will or discretion, but to serve the public to fulfill its social obligations through, may be as VLW or Panchayat Secretary or both at a time. Even DCs are not working at their own will.
Secondly, if you read your service rules, you will find that the whole time of a Government servant is at the disposal of the Government, which pays him, and he may be employed IN ANY MANNER required by proper authority without claim for additiopnal remuneration.
However, if the post of Panchayat Secretaries are of regular nature with running scale of pay there is a provision in service rules for combination of appointments for which additional remuneration can be paid on fullfillment of certain prescribed conditions. So, you may go through the prescribed service rules to see if you are eligible for any additional remuneration and represent for prescribed additional remuneration to the DC.
Binod Kr.
(Querist) 07 June 2014
This is heartbreaking!
Guest
(Expert) 08 June 2014
Dear Binod,
Bread earning is not an easy cakewalk. That is always heart breaking for almost all of the middle class people.
You should thank your luck that you are a Government servant. Try to apply in some private company, you would be able to experience, what actually is heart breaking.
Sudhir Kumar, Advocate
(Expert) 08 June 2014
Agreeing with Mr Dhingra I will add that in matrimonial choice the Government servant (girl or Boy) is considered any day better than equally (or even better paid) person in private sector.
you have perhaps not met a non-government servant.
If heart is broke then try some private job of choice where company will assign you job as per your dictates. In Govt even IAS/IPC officers do not have choice to be assigned (all that time ) the job that they like.
Binod Kr.
(Querist) 08 June 2014
Dear PS Dhingra Sir,
I understand your point. But I am not afraid of hardwork. I am just afraid of doing something wrong which will haunt my nights forever. Let's hope our new prime minister restructure MGNREGA. Thanks for your reply sir.
Binod Kr.
(Querist) 08 June 2014
Thank you Mr. Sudhir Kumar. I think i got your point.
Guest
(Expert) 08 June 2014
When your conscious is clear, nobody can compel you to do omething wrong. Rather, try to identify theieves, who try to siphon out major chunk of public funds in the name of MGNREGA or other schemes of welfare.
T. Kalaiselvan, Advocate
(Expert) 10 June 2014
Mr. Binod, sometimes you have to endure a situation whether you like it or not, this may be hurdle, but you have to cross over it otherwise you will get stuck where ever you are, which will cause much more hardships to you than what you experience now by this. Life is blended with all types of issues, so make most of it when you can and don't repent later when you have exhausted all the opportunities.
Binod Kr.
(Querist) 11 June 2014
Thank you Mr. T. Kalaiselvan for your kind reply. You and all others are right. Maybe i should see my problems from a different perspective.
Sudhir Kumar, Advocate
(Expert) 14 April 2018
http://www.lawyersclubindia.com/experts/absent-in-the-republic-day-ceremony--449251.asp
http://www.lawyersclubindia.com/experts/claim-on-pension-437666.asp
http://www.lawyersclubindia.com/experts/Has-fundamental-rule-11-ever-challenged--678306.asp
http://www.lawyersclubindia.com/experts/working-without-will-476546.asp
Do you have any other mission in life other than violating norms in govt service.
