Outstation official duty
B.S.NARAHARI
(Querist) 10 December 2014
This query is : Resolved
Respected Sir/Madam,
My friend is working for renowed Public sector undertaking coming under ministry of defence at Bangalore.
Recently he is required to handle outstation projects at Jammu, Delhi & many more locations & some times he is required to stay for about 2 to 3 months at outstation itself.
He is serving as employee at technical cadre but not as an officer.
His dependants are as follows:
1) Father aged 72 yrs ( Undergone brain operation 3 yrs back )
2) Mother aged 68 yrs
3) Wife
3) daughter 6 yers
4) Son with 2 1/2 yrs old ( Already suffered from convulsion fever & doctors warned the parents that within 6 years of boy age again convulsion fever may attack my son.
( convulsion fever means sudden high fever & left untreated goes to fits & next is danger issue )
my friend is the only son to his family with no brothers & sisters.
Secondly his wife does not have brothers or sisters except widow mother.
The officers are forcing him to go for outstation projects despite he being only soldier to his family.
Can he fight legally against firm & retain his job specified to Bangalore location. He is appointed on permanent basis & he served for 13 years in the firm. But still he possess another 20 years of service for him to get retired.
Please advice us
P. Venu
(Expert) 11 December 2014
The query discloses no real issues, legal or otherwise, but ordinary incidents of life, may be beyond the comfort zone of the person concerned.
Guest
(Expert) 11 December 2014
Legally, he can get relief only if he does not belong to the cadre with all India service/transfer liability. Otherwise, if his service belongs to all India service liability, the issue can be solved only administratively, provided he is able to convince the authorities about his compulsions and also that some suitable substitute is available as his replacement.
Rajendra K Goyal
(Expert) 11 December 2014
You can prey to your seniors quoting your personal problems. Legally you have weak case in your favour.
V R SHROFF
(Expert) 11 December 2014
Administration can trf , if they need so.
B.S.NARAHARI
(Querist) 12 December 2014
Thanks for all to your kind advice
Guest
(Expert) 12 December 2014
You are welcome.
malipeddi jaggarao
(Expert) 13 December 2014
It is purely administrative matter at the discretion of the employer if your friend's job transferable all over India. At one place you say he is working in Public Sector and in another you it is "firm". Lot of difference is there between both. Why cannot you name the organisation openly so that experts could give you proper guidance?
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
The author's query is that the employee is being sent to far off places on some project works for a duration of two months or more regularly. Thus this is not a transfer so that a relief can be sought for it. He being a technical person, his nature of duty may be that he has to attend to the exigencies outside his Bangalore office otherwise he is not fit to be employed, therefore there is nothing wrong in his employer's instruction to work for projects outside the present place of employment.
Guest
(Expert) 15 December 2014
If unable to do field duties, he may better search for some stable job in some other organisation.
B.S.NARAHARI
(Querist) 15 December 2014
Thanks for your advice
The PSU is Bharath Electronics at Bangalore, & my friend is working as an employee and a member of registered trade union in the factory. He discharge his duties well within factory limits well, But due to some constraints related to his family he cannot stay outside bangalore for more number of days. Working is always pleasure, Secondly he being working in Electrical department does not hesitate to take risk during Electrical fault troubleshoot
Thanking you
Narahari
Guest
(Expert) 15 December 2014
You are welcome.
P. Venu
(Expert) 15 December 2014
The query discloses no constraints. The facts that the parents are aging, or that the children are young are only ordinary incidents of life. In fact, the situation described is much better than those in the present day nuclear family.
B.S.NARAHARI
(Querist) 15 December 2014
Thank you Venu sir,
Infact company is like mother & my friend have to serve to the company first, But some internal frustration of my comrade made me to write you all.
When he was bachelor he prayed god to send him for out station projects, But now at 40 with full family responsibilities now he being an ordinary employee but his fellow officers are required him to perform at managerial level. This is ours sad.
Ok sir let him be positive & work as per you all advice
Thank
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
You are welcome for your appreciations and happy that you understood the position at last. You may advise your friend accordingly.
malipeddi jaggarao
(Expert) 16 December 2014
Good understanding. Every problem does not have legal solution. We should not encourage unnecessary litigation.
P. Venu
(Expert) 16 December 2014
Your friend is blessed in that the Company is entrusting him with assignments beyond the level of his post. It is really the opportunities that are knocking at his door, not constraints. Let him open the door and welcome the opportunities without any reservation.
He is fortunate in that he has the luxury of parents with him so that he need not worry about leaving wife and children alone.
B.S.NARAHARI
(Querist) 16 December 2014
Thank you all sird i convey & counsel my friend regarding this matter.
