• Exemption for reemployed exservicemen from election duty if duty allotted to him

I am an ex serviceman released from army and after that reemployed in bank. now duties of polling officer has been assigned to me but as per eci letter no. 437/6/1/inst/eci/funct/mcc/2019 dated 16 jan 2019 reemployed are exempted. for that i gave an request letter to district election officer to exempt me from these duties. but again i have been assigned for second rehearsal. what should i do ?
Asked 6 years ago in Labour

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8 Answers

head of the department has been given authority to take a decision when an application is received from an official seeking exemption from poll duty.

 

2) rely upon ECI letter wherein it  is mentioned that re employed service men are exempt from election duty 

 

3) if your application is rejected make representation to EC 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Re employed or tenure extended of an employee in same dept. In your case you are from army retire and freshly employed in bank. Not actually reemployed. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can approach the election Commission and HOD of the said department where you are working

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

If you are not reemployed after retirement then go for the election duty, read the circular you have cited carefully.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Hello, 

You must file a writ in the HC and state that the duty is being given to you despite the fact that ECI has passed a letter. They can not act and pass order against the GO and statutes. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See you can file an representation before the election officer if he fails to exempt you as per circular file representation before the EC and /or authority above election officer.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Approach before ECI or make representation letter to ECI. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

This indicates that your representation has not reached the competent authority which decides about deploying personnel for election duties.

Have you been forced by yor employer to accept this duty?, if not then it was a voluntary act from your side, then why do you do not want to do this duty?

If it was forced on you then you can meet the collectorate and give a representation in writing along with the copy of the letter which exempts you from doing such duties and claim exemption on this, if it is still rejected then you may file a writ petition before high court on the same lines and get your assignment cancelled  

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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