NOINO
submitted a letter to the ED(P) on 1st January 2015, on various
aspects concerned with the Counting (Election) duty. The letter is reproduced
below:
1.1.2015
The Executive
Director (Personnel)
L.I.C. of
India.
Respected
Sir,
Sub: ON
DUTY treatment for Counting (Election) duty
As you are aware, many of
our officers in Maharashtra (including those in Central Office) were deputed
for the counting duties in addition to the polling duties during the recent
assembly elections held in Maharashtra. The counting of votes was on 19th
October, 2014 i. e. Sunday.
Since the CO has issued
instructions on 19.4.14 regarding the treatment of the following day of polling
duty as ‘On Duty’, as also the payment of meal coupon, many officers remained
absent next day(of counting duty). However, they were shocked when in some
offices; such officers were asked to give the leave application for that day
saying that they were not present in office on Monday. In this context, we
would like to raise the following points:-
1.
Whether Counting duty is a part of Election duty or not? If it is,
then whatever facilities have been extended to the employees should also flow
in this matter. If counting duty is not a part of Election duty, then LIC
employees should not be called for it.
2.
The process of election is not over till the counting is over
& the certificate is handed over to the elected representative. Hence, our
contention is that counting duty is also a part of Election duty.
3.
Usually it is argued that counting duty is a National Duty. Nobody
counters that. As an employee, we are bound to do it(of course, when proper
procedure of deployment is followed). However, our contention is that Election
duty is also a National duty & the same benefits/facilities available in
the case of Election duty should also flow in the case of counting duty.
4.
It is also argued that the Counting duty is over at about 1.00 to
2.00 p.m. Hence, employee is not engaged for the full day. However, the point
to be noted here is that the reporting time is 6.00 a.m.( in some places 6.30
a.m.). Most of the employees were relieved at 5.00 p.m. This means they worked
for about 11 hours. Our official hours of duty are for 7 hours which means that
they have worked for 4 hours more than that & have worked for more than a
full day.
- To report at 6.00 am the
employees had to leave their house at early hours (at 4.30 or 5.00 am). At
such time getting proper (public) transportation is also an issue. Hence
the payment of appropriate conveyance should also be considered same as
per Election Duty.
6.
It is also to be noted that the Counting day was Sunday & not
a working day. This means that the employees worked in the office during the
working days & also worked on a Holiday. This means that they did not
have a break in the week which is mandatory for optimum & efficient
work. Hence they should be compensated with a leave next day (as also meal
coupon).
7.
The Counting pertained to Maharashtra. The Mumbai High Court
orders of the 2009 case are applicable here. The CO Circular ref
CO/Per/ER-A/054/2014 dated 15.1.14 draws attention to the directives of the
Court regarding the procedure to be followed while requisitioning the staff for
election duty. It also makes a reference to the guidelines issued by the Election
Commission vide their instructions dated 30.12.2009 which states specifically that the staff of
Banks & LIC are to be requisitioned only after requisitioning the staff of
State Government & Central Government. Our contention is that Counting duty
requires a substantially lesser number of staff than that of staff
required for Election duty. It is obvious then, that the procedure as specified
above was not followed since it is clear that the staff of local
authorities/state government & Central government was more than enough to
carry out the Counting duties. LIC should have objected to such requisitioning
there & then. Even now, if possible, LIC should explore the legal option to
end this unnecessary requisitioning not only in Maharashtra but elsewhere in
the country. We demand that a curative petition should be filed
demanding an inquiry whether proper procedures are being followed by the EC or
not.
8.
Many officers were given duty of Micro Observer. As per the EC
directives (refer attachment) the person deputed for such post (i.e. Micro
Observer) is required to be a rank of Gazetted officer. If officers of such
rank are not available only then Class C or above officers should be called. The EC
directives also clearly specify that the list of such gazetted officers is to
be obtained from different offices
of the district. It is very much
doubtful whether this procedure was properly followed. This point should also
be included in our curative petition. All
in all, we have a very strong case.
We request you to take cognizance
of the above points (regarding leave, meal coupon, conveyance & curative
petition) & do the needful.
Yours faithfully,
Sd/-
Dattaraj Prabhukhanolkar
GS, NOINO
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