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is there any way out.

nil

I am working as a teacher in government school under a society of government school education department. While appointment letter stated that Civil Service Rules are applied on us but government till now since 10 years have not applied it. That’s why no NPS, no medical reimbursement is allowed. Only salary is payed. Few teachers have passed in recent years but no medical help or any other financial help was given by department or government. No priority based jobs for family members.

Now during Covid-19 many of these teachers are put on duty related to Covid-19. Representation was given to District Education Officer, Deputy Commissionaire to either give written assurance of medical and financial help if anything bad happens during Covid-19 duties or don’t put these teachers on covid-19 duties. But was not fruitful. Even letter written to Chef Ministers portal replied that no such provision is available to these teachers. 

Is there any way to get out of high risk duties as District Administration and Government is not willing to help for medical expenses if anybody got infected or no financial help for family if anything bad happens?  Please advise. 

 
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Lawyer

1. What are the facts and dispute involved is vague.

2. Procedural query involving State Education Rules..

 

 
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nil

To clear facts. 

This query is related to teachers that are put on Covid -19 duties  

1.  These teachers are under a society that was formed by education department. 

2. Civil service rules were to be applied on these teachers as per appointment letter but not applied till date. Court cases are in process on these. 

3. No medical reimbursement, ex-gratia or any other compensation is given if any such thing happens to these teachers. Grievance was sent to ChiefMinister for these teachers help in case anything happens during covid-19 duties but was rejected. 

4. Covid-19 duties are high risk. So representation was given to district Administration to relieve these teachers if they can’t support them or their families if anything  misshapen. But was not fruitful. 

5. These Teachers are giving online education to students. School education department has advised education officers to put non teaching and vocational subject staff on covid-19 duties if required. 

Inspite of above facts these teachers are put on mass deputations in Covid-19 related duties. Can any thing be done to ether relieve these teachers from covid-19 duties? 

Another question: Can SDM depute a teacher whose residence or office doesn’t fall under his devision?

 

 

 
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Retired employee.

Search in google, the PM's scheme applies to all those that are engaged in COVID duties.  Your federation/Union/Association is a powerful body and there is also teachers' representative in Council.  Raise the issue with them and at present, there is no litigation involved.  If the federation agrees they may file writ seeking High court to extend the scheme to teachers also like that of Municipal/sanitary/health workers etc.


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LEGAL

Since you have done whatever you could normally, now only option left is to file a writ petition  ia m sure you will get relief as your demands are genuine but it would take alot of time ,Better consult some local  HC lawyer and seek advise


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Advocate

As the case is pending in the Court, all that could be suggested is to expedite the proceedings. 

 
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Dy Director

Most likely you people did not agitate against non application of NPS and even non deposit of EPF.

Distt administration have even taken Govt employees also on these duties and it is not heard that anyone of them have been given any extra medical help.  They are expected of getting medical cover from deptt.

 

If you are not able to enforce application of EPF and ESI on your employer then it is not fault of the distrcit administration.


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nil

we are agitating since regularization of jobs (year 2011), and parallel court cases are also going on since then. even unionists were sent to jails due to agitations. a week earlier we agitated outside Education Minister house but things are not getting fruitful till now. 

Thing is that government is declining benefits saying you are not government employees but society employees. but when district administration put us on any kind of duty they do so under acts applicable to government employees. when we give any representation to them they say they can depute any government employee. for benefits we are not government employees but for responsibility we are. 

Ex-gratia amount of 50lac was declared by chief minister for government employees on covid-19 duties over and above other benefits but not applicable on us.

department replied to medical help "At present there is no provision  or medical reimbursement under your society. the matter regarding policy for compassionate ground is under process". these replies are same since many years.

High court decision will most likely be in our favor but will take its time(8-9 years are already over).

 
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Dy Director

EPFO coverage has nothing to do with pending court case.  rather you never needed to go to court.  They have their  own  statutory adjudication mechanism.


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nil

EPF is must if salary is less than Rs15000 and if salary is above 15000 its dependent on employer. Court case is for Civil Service Rules that contain New Pension Scheme.

 
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