• Department forcing me to do the job of other feild

Sir i was appointed as a junior engineer mechanical in jal shakti vibhag himachal pradesh but department ordering me to do the work of junior engineer civil engineering. But recrutmet an permotion rule are different . Legally department can do that. If yes the in case of any mishapping by me while performing the job of junior engineer civil who will be responsible. Kindly advise me what should i do
Asked 4 years ago in Labour

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25 Answers

Dear Sir,

There may be some mistake by the department in your deployment as your branch seems to be changed from Mechanical Engg to Civil Engg. Hence, you are suggested to write an humble application to the department and humbly request for your deployment in appropriate branch where you would be able to exhibit all your knowledge and efficiency. In case, you are not satisfied from the reply of the department or their is undue delay, then file a case in CAT or High Court. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. Even though you were appointed as JE (Mech.), if the Competent Authority orders you to work as JE (Civil), ask for written order for the same.

2. After getting the written order from the competent authority,  you can represent to the Competent Authority highlighting the different rules for recruitment and promotion of JE (Civil) and if the competent authority takes enough care and responsibility for any mishap that may happen in future, then you can accept the new responsibility. 

Shashidhar S. Sastry
Advocate, Bangalore
5133 Answers
314 Consultations

5.0 on 5.0

The junior engineer that is on duty would be responsible as he is shouldering the responsibility of the JE civil. It is a written request for you to join.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can deny due to lack of knowledge of civil engineering and offer to join with no responsibility in case of any mishappeing due to no knowledge of civil.

Rest dept. Can assign work as per requirement subject to its responsibility for any unitended accident/loss.

While joining at civil, join with written intimation as above.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

Respected sir....

Such kind of complaint are normally found in each and every department where the official used to do another work for which they are not engaged ...sir a personally advise you to not rebut in such circumstances because if you want to work for a long time then you have to accept such kind of work else your senior officials will start creating problem for you on every form ...but legally you have right to denies this on merits and if they took any action then you have right to go in appeal against that ..

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

It would be ypu of course. Who else? You have work carefully on any post you work on.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Join with the writter condition of no responsibility 

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

1. Based on the competent authority's order, you will be doing the work of civil and not out of your free will.

2.  Hence it will be the responsibility of the competent authority/government in case any mishap happens. You can not be held responsible for that, as you were recruited to do some other job and in emergency only you were asked to do the work of civil through their written order.

Shashidhar S. Sastry
Advocate, Bangalore
5133 Answers
314 Consultations

5.0 on 5.0

Dear Sir, 

if it is so, and there is emergency or there is non-availability of JE (Civil), you may be deployed for some equivalent job temporarily and in all the situations, govt will be fully responsible for anything happened for that. You need not to fear for anything and do ask for clearance from superior officer for each and every activity and cite the reason being a Mech Engg expert. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

If you are directed to do a job other than for what you have been recruited, then you may ask your superior officer to give an office order in writing for allocating you to do the present job.

If not you may  make a representation in  writing in this regard to the appointing authority and seek his intervention to redress your grievance. 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

You are right that in case of any mishap nobody will come to your rescue, hence you get a permission in writing in the form of an office order allocating you to do the specified job other than for what you are recruited.

This may protect your future interests. 

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

If they legally can do it as per the service rules you can't object the same. Still if you feel that the said service rule is arbitrary you need to challenge the same before high court

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

1. Yes govt can place you in different department in case of emergency.

2. You can give representation to govt that you don't have expertise in department of civil engineering and ask who will be responsible for any mishap.

3. You can also ask your department to provide you training and assistance while on work.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Department can direct you to do work of civil engineer 

 

2) you can by letter addressed to department mention you are trained as mechanical engineer and not civil engineer and request them to give you responsibility in mechanical department 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

You would be responsible in case there is any negligence on your part in performance of your duties 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

If you will be doing the job than you will be responsible for doing it. 

Legally govt. Cannot ask a mechanical officer to perform civil branch duty as both the fields are way too different. File a RTI to have the copy of rules for such postings 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

In case of emergency govt can order this but in ordinary circumstances it cannot.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. Govt can require any public servant to perform additional tasks in the same or other department if there is an emergency.

2. If a govt employee dies an unnatural death during the course of performance of his duties then alone the govt is bound to compensate the legal heirs of employee.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Emergency is always an exceptional circumstances. 

You shall not be responsible for outcome of any  act of omission or commission that requires special skill or knowledge other than your own field .

You will always get immunity in law in such circumstances.

These are all implied rule of law.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Hello,

  1. The Department has the legal competence to employ you and order a change in your assignment or area of work if a need arises.
  2. With regard to mishaps happening and who shall be responsible can be fixed only based on investigation of the occurrence of the incident. In any case as long as the Department has assigned you a work, you shall be covered by the service rules and protected as an employee of the government.
  3. Regarding promotion rules, the compliance will be as per service rules, performance and seniority.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

- As per rule ,  your employer can assign you tasks not specifically outlined in your job description.

- However, that newly assigned job may temporary in nature , and due to in-availability of the professional in the said field , and specially due to covid-19 lockdown.

- Hence, being an employee of the said department , you are having your right to raise the issue relating to your job description , working responsibilities due to not having professional capabilities in that particular assigned job.

- Further , you can also ask the department to issue a circular regarding the miss-happening   , if occurred  due to inefficiency in that newly assigned job , specially a civil engineer work needs proper training for safety purposes.

- Further , if you not raise the issue , then in case of any negligence on your part , you will be responsible for the same. 

- If, no response from the department , then you can approach the court for getting direction in your favour. 

Mohammed Shahzad
Advocate, Delhi
13282 Answers
198 Consultations

5.0 on 5.0

Ans: Your department is ideally to be held responsible. In-case you have entered into an agreement, then you may come across the relevant clauses of the agreement for transfer of work in the same department. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

only in emergency Govt can declare,  responsibilities are the duties that you have because of your job or position. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that at any cost department can’t put you in the different profile other than from what you were hired.
  2. I would like to apprise you that in the absence of any such undertaking by you or rules by the department, you can’t be asked for the said work.
  3. As if anything happens due to the lack of knowledge of that field, you will have to pay the price and then, no body would help you out.
  4. You need to take them to the court of Civil Writ court, that is Hon’ble High Court seeking immediate role back of the order as per article 226 of our Constitution as this is the only remedy that you are left with.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

If you are ME Graduate, you should be given work to suit your qualification and experience.

However, the Department, depending on the need / exigency, may ask you to perform duties of CE.

In case if you feel that, you cannot perform duties of CE, you can address a letter to higher officials bringing to their notice about your position.

Mean while, you need to perform the duties assigned to you.

In case if any mishap, you will be held responsible, but your representation to higher officials may rescue you.

Further reply:

Yes, due to on going pandemic, it is common for one and all.

You will be responsible.

Any apprehension of mishap etc., you highlight in writing to all concerned, it will support you.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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