Central Information Commission
CIC/AD/A/2009/000606
Dated August 7, 2009
Name of the Applicant : Shri Vishambhar Dayal
Name of the Public Authority : Dept. of Posts, Rae Bareli
Background
1. The Applicant filed a RTI application dt.12.9.08 with the CPIO, DoP, Rae
Bareilly. He requested for information against 5 points related to the lower
scale of payment being made to him on his transfer from one branch post
office to another post office. His request was that the pay scale that he was
receiving before his transfer be maintained. The CPIO replied on 25.9.08
informing him that as per rule No.22 ( Transfer of ED Agents from one place
to another under the heading ‘Method of Recruitment) as indicated in the
Swamy’s Compilation of Service Rules for Postal Gramin Dak Sewaks, the
Applicant is entitled to the scale and pay of the post that he is occupying and
based on the workload at the place he is posted to. Aggrieved with this reply,
the Applicant filed an appeal dt.12.11.08 with the Appellate Authority. On not
receiving any reply, he filed a second appeal dt.27.3.09 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for August 7, 2009.
3. Mr. M.K. Yadav, Asstt. Supdt. of Post Offices represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant who was the EDMP at Sihore
Tara Branch was involved in a feud with the Branch Postmaster, Mr. Santosh
Pandey. An FIR was lodged in this connection before the SP Bareilly. In the
investigation report, the police suggested that Mr. Dayal and Mr. Pandey be
separated in order to reduce the tension existing between them. The
Appellant, at his own request was transferred to Gegaso post office on
15.7.99 and one Mr. Shankar Lal EDMP who was working in Gegaso was
shifted to the Sihore Tara Branch Post Office to work in the Appellant’s place .
The Respondent then added that as per the Departmental ruling, given above,
there is no provision for transfer of EDMPs and that the Appellant was
transferred after treating his case as a special case, to Gegaso Post office.
He also pointed out that as per rules the transferred EDMP would
automatically be considered as the junior most in the new place where he is
posted and would be paid the minimum scale which also deends on the work
timings and the work load. These rules were communicated to the Appellant
and he was informed that the higher pay which he was receiving before his
transfer in the Sihore Tara Post Office based on the work load in that post
office cannot be provided to him. Since the information has already been
provided the appeal is accordingly rejected.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Vishambhar Dayal
Gramin Dak Sewak
Post Office Chhivalaha
Rae Bareli
2. The CPIO &
Supdt. of Post Ofices
Department of Posts
Rae Barelie 229 001
3. The Appellate Authority &
Director of Postal Services
Department of Posts
U.P. Circle
Lucknow
4. Officer in charge, NIC
5. Press E Group, CIC