Central Information Commission
CIC/AD/A/08/00221
Dated March 23, 2009
Name of the Applicant : Mr.M.K.Roy
Name of the Public Authority : Directorate of Field Publicity,
Shillong
Background
1. The Applicant filed an RTI application dt.8.5.08 with the CPIO, Directorate of
Field Publicity. He requested for the following information:
i) The reasons for the inordinate delay in refixing the pay and delay in
releasing the arrears of pay & allowances in respect of the applicant,
consequent on the grant of 2nd ACP by the Directorate General of Field
Publicity, New Delhi in pursuance of orders passed by Hon’ble CAT,
Chandigarh Bench, Chandigarh.
ii) The reasons for not supplying him a copy of the detailed working sheet
of due & drawn statement on the basis of which the arrears has been worked
out and payment made, despite written request made vide application
dt.7.4.08. A copy of the detailed statement/working sheet may also be
furnished.
iii) A copy of the Govt. order/instructions in which the time limit for
disposal of representation has been prescribed on various claims of Govt.
servants along with reasons for not complying with the prescribed time limit.
The CPIO replied on 22.5.08 enclosing the information sought by the
Applicant on the arrears paid and allowances for the period 1.1.96 to 31.5.02.
Not satisfied with the reply, the Applicant filed an appeal dt.18.6.08 with the
Appellate Authority stating that the copy of the order of re-fixation of his pay
has not been furnished. He also stated that the recovery of Rs.39,845/- on
account of arrears was irregular and that he has not received the detailed
statements of recovery of this amount. The First Appellate Authority replied
on 25.7.08 stating that immediately after receiving the order of enhancing the
pay of the Applicant’s pay scale after the verdict of CAT Chandigarh, the office
had started the processing of arrear payments and that at no point of time
the office had kept the Applicant in the dark regarding any financial benefit
due to him. He further stated that the office is re-examining the arrear pay
for those who have been awarded by the abovementioned CAT and that due
payment if any would be intimated to the Applicant in due course of time.
Aggrieved with this reply, the Applicant filed a second appeal dt.22.12.08
before CIC requesting for settlement of payment of revised pay/pension with
interest and also to direct the CPIO to comply with Section 4(1) (b) of the RTI
Act.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for March 23, 2009.
3. Mrs. Ranjana Dev Sarmah, Director & CPIO, Delhi and Mr. Engam Pame,
Director & CPIO, Shillong represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
4. The Respondent submitted that the case of the Appellant’s re-fixation of pay
has been a complex one as there was a court judgment in Bhullar vs. Union of
India case in which in situ promotion was provided to all TAs who were
working in the pay scale of 1350-2250/pre-revised. However, when the
orders were first implemented, the names of Shri M.K. Roy and few others
were not there. Hence the Regional Office had sent the request for
incorporation of the names of the above officers along with their service in
early 2007. The same along with the revised list was received back in
Regional Office MMT in December, 2007. The case was then processed and
the salary refixed at Rs.7250/- in the scale of Rs.5500-175-9000/- and orders
issued in February, 2008. However, PAO raised an objection to the fixation
and asked the Regional Office to revise the fixation to Rs.7075/-. Hence the
matter relating to the fixation was again held up. Since the officers had
already retired and refixation would have resulted in recovery amounting to
Rs.20,000/- or more, it was decided to take up the issue with the Pay and
Accounts Office but since they failed to agree, the revised orders were issued
in January, 2009. However, the fresh due and drawn statement is yet to be
prepared because a similarly placed case is pending in the Hon’ble CAT
Chandigarh Branch, Chandigarh and the issue has separately been taken up
with the Ministry. The Respondent then shared with the Commission the
letter dated 20.11.07 written by the Joint Director, Directorate of Field
Publicity (DFP) to the Dy. Director (Admn.), stating that the service book of
the Appellant has been sent to the Directorate New Delhi and that it is
requested that it be returned to his office so that necessary action can be
taken for grant of benefit as ‘left out person’, as decided in the matter related
to Shri J.S. Bhular Vs. Union of India.
5. The Commission noted that all available information with regard to the pay
fixation has been provided to the Appellant and that all possible efforts are
being made to address the Appellant’s grievance. With regard to the
Appellant’s complaint that the DFP has not complied with Section 4(1)(b) of
the RTI Act, the Commission, while taking a serious note of the issue, directs
the Public Authority to immediately initiate action in this regard and ensure
that within one month of receipt of this Order there is complete compliance
with Section 4(1)(b) of the RTI Act. A compliance report in this regard to be
sent to the Commission.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.M.K.Roy
116 R.R.Colony
Shillong
Meghalaya
2. The CPIO
Directorate of Field Publicity
M/o Information & Broadcasting
Regional Office (MMT)
Shillong
3. The Appellate Authority
Directorate of Field Publicity
East Block-IV, Level – III
R.K.Puram
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC