Service rules
Querist :
Anonymous
(Querist) 05 April 2018
This query is : Resolved
I work in a PSU and conditions of my service are governed by Officer Services Regulations made by my organisation. I never noticed earlier but somethings made me realize that some of these rules are really weird. My query is, can I challenge these rules in a court of law? Some examples are:
1. One of the clause says that I need to live at place of my posting. My home town is 45 km from my place of posting. So why should I stay at place of posting when I can travel daily. The organisation is supposed to see that I reach office on time and don't leave before time. How an can employer force me to live at place of posting. I think they have copy pasted this rule from service rules of police / administrative officers. It can be understood in their case but mine is a strictly commercial organisation. They shouldn't even be concerned with where I live.
2. Another clause is, I can not leave station without permission. This again seems to be copy pasted this rule from service rules of police / administrative officers. I went to Delhi on a Sunday which was holiday and my boss handed me a memo seeking my explanation for leaving station without permission. Again, how can they intrude into my privacy? I can do anything on a sunday.
3. Another clause, Every officer employee shall report if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency. Again why? Dont I have some privacy?
4. No officer can buy or sell stocks, share or securities of any description without funds to meet the full cost in the case of a purchase of scripts or delivery in the case of sale. Why are they even concerned with this. Isn't this my personal matter?
5. No officer can Guarantee in his private capacity the pecuniary obligation of another person or agree to indemnify in such capacity another person from loss except with previous permission of the competent authority. Now again, why? This is totally my personal decision.
6. No officer employee shall speculate in any stock, share or securities or Commodities or Valuables of any description or shall make investment which are likely to embarrass or influence him in the discharge of his duties. Now can't an adult decide whether he wants to invest in a stock or not? Speculating is my personal freedom.
7. And most annoying clause is, an officer employee shall be available for the duties every time during the day. Now, no definition of term day is given. It could mean any thing. My boss interprets it in this manner - that he can make me sit and work in office till 8.00 pm or till time he likes though office timings are till 5.00 pm.
My question is, can i challenge these Regulations on grounds of violating my personal freedom?
Guest
(Expert) 05 April 2018
You have great expectations from your employer, thinking as if your employer should be under your command, instead of yourself to be under his command, who expects efficient and undeterred service from you for which you are being paid.
Guest
(Expert) 05 April 2018
Had you not put your questions anonymously, I would have pleased to reply on each of your point of objection with your service laws. You have asked so many questions, but preferred to remain anonymous. You talk about suing your employer, as if you are so bold and courageous, but still you kept yourself cowardly hidden yourself in the garb of anonymity. If you want reply point by point with the importance of such rules, you must come out openly.
However, as in brief, so far as your question starting with "CAN I" is concerned, who has put restrictions on you? You are a free citizen of India, you can file any number of cases on your employer, provided you are able to prove the rules to be ultra vires and also that you are not responsible to give flawless service to your employer and cannot also be expected to be available immediately at the beck and call of your employer in the interest of service at the time of need of your employer in emergent cases.
So far as your personal freedom is concerned, equally your employers have their freedom to throw you out of service when found unfit to serve their interest on their terms, when you have already opted to serve them forgetting about your personal freedom. Personal freedom does not mean any reckless activity by you while being in service, in the capacity of a public servant.
If you prefer personal freedom, you should not have taken up any service. You should enjoy your free life without expecting any source of livelihood from the employers. Do some totally independent business or profession.
Best of luck !
Sudhir Kumar, Advocate
(Expert) 05 April 2018
Nothing unusual. Such rules prevail in every govt deptt/PSU and in your case (as understood and described by you) are slightly harsher (but not unreasonable).
This is the price one has to pay for being called an employee of the king.
Dr J C Vashista
(Expert) 05 April 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for an "anonymous" author.
Querist :
Anonymous
(Querist) 05 April 2018
I put question anonymously because such things do create an unnecessary controversy in office politics and I wanted to be sure before actually challenging some clauses of these Officer Service Rules. Anyhow, my identity is as under: Name: Karan Singla, Age: 28, Location: Chandigarh
One of my lawyer friends holds the opinion that these rules can be challenged. So, experts, kindly provide your opinion.
@ JIGYASU: Sir, how does any of these rules effect my efficient and undettered services? Employer can not control every aspect of an employee's life.
Guest
(Expert) 05 April 2018
If you are so afraid of office politics, you cannot fight for any justice. Office politics is an integral part of game in every organization that you cannot avoid or control. Except keeping yourself cautious about that at all the times you can't do anything for office politics.
If you want replies to your queries, you should post your query with your real ID at LCI, not anonymously, as merely making of mention of name, etc. can't guarantee whether you have made your query with your real name or not, as at your LCI ID.
Kumar Doab
(Expert) 05 April 2018
Approach a very able senior LOCAL counsel of unshakable repute and integrity and having a successful track record specializing in Labor/service matters and …worth his/her salt…with all docs and inputs that you have..
And even seasoned employees/trade union leaders…
Submit fitting reply to the memo that you have received and try to close the matter and avoid aggravating it further…
Kumar Doab
(Expert) 05 April 2018
You may post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Ms.Usha Kapoor
(Expert) 06 April 2018
Approach a Labor/service law expert.
Sudhir Kumar, Advocate
(Expert) 06 April 2018
Just obey the rules of find another job.There is not point in contacting any advocate whether of unshakable or unshakable reputation.
Guest
(Expert) 06 April 2018
You may however be justified to ask the expert, who advised to approach a very senior local counsel of unshakable repute, how to find such a counsel of unshakable repute out of the local counsels?
Fake experts can only render you such an impracticable advice.
Ms.Usha Kapoor
(Expert) 06 April 2018
RrEPUTATION AND GOOD WILL ETC BUILDS UP in favor A GOOD ADVOCATE AND ALSO HIS EXPERTISE. IN LEGAL PROFESSION.
Guest
(Expert) 06 April 2018
@ Ms. Usha Kapoor,
Every body knows well that for you and Mr. Kumar Doab, any quack is a counsel of unshakable repute. Particularly, Mr. Kumar Doab even without asking recommends the names of all such fake experts for whom he seems to act as a tout, as can be seen from several of his previous posts.
