Not extracting work from the employee.
Querist :
Anonymous
(Querist) 20 August 2011
This query is : Resolved
An employee working in the State Public Sector Undertaking was kept idle without giving any work to him. He was not allotted any work. He is simply coming to the office intime, signing in the attendance register and sitting happily and leaving the office at the end of office hours. The authorities have not given any work. This is happening for the past 5 years.
I want to file Public Interest Litigation petition in the High Court against the authorities for the wasteful salary payment to the employee and to recover the amount paid to him towards salary from the authorities concerned. Is it possible sir. If not what are the other alternatives to proceed against the authorities for wasteful salary given to the employee.
Devajyoti Barman
(Expert) 20 August 2011
This lapse on the part of the authority relates to only one employee which naturally does not have any bearing on the public interest at large.
PIL would not lie for such alleged waste of public money though you surely can file Writ to keep the authority within its dutiful bounds.
Querist :
Anonymous
(Querist) 20 August 2011
Barman Sir,
Thanks for your reply. Can you please suggest me what is the appropriate forum in which I can file petition against this wasteful expenditure.
R.Ramachandran
(Expert) 20 August 2011
Dear Anonymous,
Pl. indicate what is the designation / level / rank of the official who is kept idle.
Pl. also idnicate whether there are other employees of the same designation / level / rank in the organization.
Pl. indicate whether the person belongs to technical or clerical category.
Please also indicate whether he is not being allotted work, or he is not doing any work.
Querist :
Anonymous
(Querist) 20 August 2011
1. Designation : Divisional Manager.
2. Rank : Class I officer
3. Yes. There are other employees of the same designation / level / rank and they have been allotted work and doing their work.
4. The person is of managerial cadre.
5. He is not being allotted any work. He was posted in the newly created post.
6. He is willing to do work.
R.Ramachandran
(Expert) 20 August 2011
Yours is a quite a peculiar fact and circumstance. We are not aware whether you took up the issue with your Chief in the Divisional Office in writing and if so with what results.
Whatever it is, the matter cannot be agitated in a PIL. If you are so sure that you are being discriminated, humiliated and being wasted in spite of your taking up the issue with the Management from time to time, you can definitely approach the legal fora. You have to see whether State Admv. Tribunal is available to you. Otherwise, you have to approach the High Court in your State.
But, I would advise you to approach a seasoned lawyer at your place, discuss the issues and take his advice before doing anything.
As I said at the beginning, it is a very peculiar case and I am afraid it will not be possible for any one to offer any solution immediately without completely going through the entire facts and circumstances, the background etc. etc.
Koumarish Bhattacharya
(Expert) 20 August 2011
I agree with Mr. Ramachandran. But in my opinion, a PIL may be initiated as it involves public money. However, its a typical case; more so when it is happening for 5 years.
Guest
(Expert) 20 August 2011
Better to take up the issue with the audit party of the CAG as well as with the CVC.
But, before taking up the matter, be sure to consult the board resolution through which justification for creation of the post was shown and the job description list for the purpose of which he was recruited and also see whether such job was being done or not. Any false complaint can reverse back on you spoiling your own career.
R.Ramachandran
(Expert) 20 August 2011
PIL will definitely not apply in this case.
Querist :
Anonymous
(Querist) 20 August 2011
Thanks to Ramachandran sir for his suggestion.
prabhakar singh
(Expert) 21 August 2011
Expert : R.Ramachandran rightly opines ,not a PIL case
