• Attendance in office on holiday like Independence Day

In India Independence Day is a holiday. In-charge of the office of a Govt. of India PSU issue order for compulsory attendance in office.The defaulters have been called explanation and threatened in writing to take action as per CCS conduct rule for unsatisfactory reply. In reply so called defaulters have explain individual reason for non attendance. Some are self seek, somebody's family members  are ill and some other goes to children's school for the purpose.
My question is: 1.Whether In charge of the office have the right to issue order for compulsory attendance in office on a holiday?  
2.What does CCS conduct rule says about this issue.
Asked 2 years ago in Civil Law from Silchar, Assam
1) for flag hoisting purposes attendance is necessary of government servants on independence day 

2) Employees are set free to leave for their homes after the celebration is over in any organization.

3)o employee is bound to work on 15 august 2nd october & 26 january and no employer can mark absent on these days
Ajay Sethi
Advocate, Mumbai
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Hello,

1) While there is no guidelines or  strict rules laid down in CCS conduct rules regarding  compulsory attendance in office that the office in charge can issue, it may be done to ensure attendance for the observance of the  special occasion in an official manner.

2) However the CCS conduct rules state: "The office hours are from 9.00 a.m. to 5.30 P.M. with half an hour
interval for lunch from 1.00 p.m. to 1.30 p.m. for five days in a week from
Monday to Friday. These are the ordinary hours of attendance; but when any
one is required in the interest of public service to work beyond office hours or
on holidays, it must be done as a part of his regular duties. Whenever it is
considered necessary, Officers of the rank of AAO/SO/Supervisor and above
may direct the attendance of any subordinate to work upto late hours or on
holidays."

3) Therefore in the interest of public service attendance can be demanded on holidays as well. Of course this may be compensated with a leave or additional payment for the day's work or as the case may be.

4) Therefore it would be advisable to give a 'satisfactory' reply to satisfy the office-in-charge.
S J Mathew
Advocate, Mumbai
1950 Answers
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Independence  is the day on which all Indians need to cherish in spite of diversity as this festival for all. Mostly government offices and schools regardless of govt. or private celebrate this day in their premises with Flag hoisting and organize cultural programs to entertain and parades for the public to view saga of sacrifices of our freedom fighters that we enjoy at present. 

In-charge of the office of a Govt. of India PSU issue order for compulsory attendance in office is a necessary thing in this sense. There is clearly a need to remind the officers that it is their duty to attend the Independence Day ceremony. So issue a order for compulsory attendance in office is legally binding one to all office in charges .
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1. The attendance of government officials is required on the Independence Day and Republic Day for flag hoisting ceremony.

2. The employer becomes liable to pay double the rate of overtime allowance or the double rate of daily wage as the case may be if he calls an employee to work on any national holiday. Absence on call by an employer can be treated as misconduct on the part of the employee, whether called for celebration of the independence day or to work.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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The government officials need to be present in the office even on a holiday like independence day and republic day for the purpose of flag hosting ceremony. However they cannot put pressure to work on such a day.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. There is a circular issued by PSU that if any employee is called for working on National Holidays on urgency, he/she will be paid salary/wage double of his normal salary/wage,

2. Your CCS is required to be seen for further advice,

3. There is no rule that no employee can be called even on urgency on national Holidays,

4. Please note that if the Incharge of the office has asked employees on national Holiday, then he shall have to anwser his management and such instruction was definitely been issued by him on being instructed/advised by his superiors,

5. Settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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