Election commission

swaraj (Querist) 02 February 2012 This query is : Resolved
respected sir i am a computer teacher in punjab govt. Recently in nov month i am deputed in returing officer office(S.D.M OFFICE) for electtion work (including nights)which including feeding of new voters form in computer,
till date i am in the returing office for the last three months.
now my qwestion is as follow:
1.the returing office dont pays to me anything like presiding officer and pollong officer, they say that they have no fund from govt. for this work,

please guide me ,is the returing officer right saying about funds.
2. what i should do to get my payments.

noted: i worked there before code of conduct
thanks

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R.Ramachandran (Expert) 02 February 2012
Dear Mr. Swaraj,

When you say that you were deputed for work in the Returning Officer's office. That means, you will be working in the Returning Office, instead of your school. Are you getting your salary from your school for your services as a 'computer teacher' or not?

If you are getting your salary, you are not entitled to any other payment from any quarter.

The Code of Conduct has nothing to do with your present query.

swaraj (Querist) 02 February 2012
respected sir then why the election commission pay to presiding officers and polling officer which also get salary from govternment when they r on election duty

R.Ramachandran (Expert) 02 February 2012
Simple, you not on election duty. Election duty is completely different than the work which you were doing.

Raj Kumar Makkad (Expert) 02 February 2012
Feeding in the voter list and duty on election commission during poll day is entirely different and cannot be equated. You are on deputation for a long period whereas the polling party is paid for a single day or two special allowance which is not applicable in your case.

ajay sethi (Expert) 02 February 2012
The SC in the case of the Election Commission of India (ECI) vs St Mary’s School, Delhi, held that teaching staff shall be put on roll revision and election duty only during holidays and non-teaching days. It held that teachers should not ordinarily be put on duty on teaching days and during teaching hoursThe Supreme Court order dated December 6, 2007, stated that only the services of non-teaching school staff can be utilized for such duties.The SC had held that the right to education, being a fundamental right with regard to Article 21A of the constitution, it was obligatory on the part of the state to ensure that students are not deprived. “Holding of an election is no doubt of paramount importance. But for the said purpose education of the children cannot be neglected. Therefore, it is necessary to maintain the balance between the two,” the court had held

you have stated that you are computer teacher . in view of supreme court judgement you cnanot be put on duty during teaching hours .

B.B.R.Goud. (Expert) 02 February 2012
yes. i agree with our beloved learned counsel friends and specially Mr. ajay sethi.

anyhow u r diputed for the duty but it shall be done in your official timings only. but not in nights. for that, u can institute the case before the court of law for violation of human rights and fundamental rights.

Sudhir Kumar, Advocate (Expert) 02 February 2012
In which state you are ?

jeevan1950 (Expert) 02 February 2012
i agree with the view of my learned friend Ajayji. start with letter addressed to the commission if u r made to work beyond 8 hrs without any extra payment. u cry u get milk!