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Shirish (Designation)     03 February 2012

Payment to teching staff on election duty on poll day

I am a female teaching staff and appointed on election duty on working day on poll booth.  Would like to know if I can deny as my fundamental and constitutional right of teaching is violated.  and also would like toknow if I am being paid by the Election commission as our principal is used to eat up all money recvd.

Further, can I be posted into a remote location and what are the timings.  They have asked us (staff) to be available one day before polling in the evening and then stay at some undisclosed location.

Is the process all right ?

 

Thanks & Regards



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     04 February 2012

Your query is vague.  It does not spell what type of school it is. It can be inferred it is Govt School.

 

You queries re replied as under :-

 

Would like to know if I can deny as my fundamental and constitutional right of teaching is violated. 

 

Ans : All fundamental rights can be denied by following “procedure established by law”. You are summoned for election duty as per procedure established by law. In case any of your students files any petition state will defend the same.

 

134. Breaches of official duty in connection with election.—(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.

 

This fine is a conviction and a Govt servant can be dismissed on conviction.

 

However, for refusal or election duty even the departmental proceedings nee approval of election commission before finalizing.

 

 

and also would like to know if I am being paid by the Election commission as our principal is used to eat up all money recvd.

 

Ans : It is vague as to how Principal who is your relieving authority can usurp you funds unless the Principal himself is Presiding Officers. In that case you can file complaint to election commission, to department and even criminal case of embezzlement. But how do you prove that he has eaten up the money, it is your perception.

 

 

Further, can I be posted into a remote location and what are the timings. 

 

Ans :  yes. Timings as decided by electoral authorities.

 

 

They have asked us (staff) to be available one day before polling in the evening and then stay at some undisclosed location. Is the process all right ?

 

Ans : yes it is lawful. You are paid TA/DA in addition to the honorarium for election duty. Notwithstanding such payment you are under obligation to serve as such.

 

 

 


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