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Decision No. CIC/SG/A/2009/000909/3634
Appeal No. CIC/SG/A/2009/000909
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Bhagwan Singh
House No. 36, Gali No. 3,
Durganagar,
Near T A Camp,
Kota, Rajsthan
Respondent : Mr. K. K Mishra
Assistant Public Information Officer
West Central Railway,
Office of the Division Railway Manager,
Kota, Rajsthan
RTI application filed on : 16/12/2008
PIO replied : 07/01/2009
First appeal filed on : 05/02/2009
First Appellate Authority order : Not Mentioned
Second Appeal received on : 24/04/2009
The appellant in his RTI application has sought information regarding his application against
the discrimination in pay-scale of Jr. Loco Pilot which he had submitted before Division
Railway Manager, Kota on 5.7.20087 and asked for Xerox copy of reply by railway. He also
wants to know when the arrear will be paid to the employee of that grade.
Sl. Information Sought PIO’s Reply
1. What is the reason for not replying of the For elimination of irregularity in pay-
application which the applicant had sent scale and stepping up, there is a note
to the Divisional Railway Manager, Kota that a case had been filed in regard of
on 5.7.2008 for removing of annual seniority by Shri Abdul Rashid and
increment in salary? Munne Khan against Mr. D R Parihar
and others vide case no OA No. 340/97,
in Central Administrative Authority,
Jaipur on which the same authority
gave its decision on 13.4.2009 that until
the Assistant Diesel Drivers are not
recruited directly on regular basis, their
recruitment should be considered
adhoc.
2. Provide information about action taken No action is relevant as there is no
on the appellant’s application. provision of giving benefit of stepping
up of pay to those promoted on adhoc
basis.
3. Salary of Jr. Loco Pilot was lesser than According to the Fourth Pay
Sr. Loco Pilot before implementation of Commission, your pay was 1350/- on
recommendation of Fifth Pay 1.8.95 and salary of Dayaram was
Commission but after implementation of 1260/- on 1.3.95. Later on 1.1.96,
Fifth Pay Commission, salary of Sr. according to the Fifth Pay Commission,
Loco Pilot become lesser than Jr. Loco your salary become 5000/- as Goods
Pilot. For removing this irregularity, the Driver. Your salary increment month
applicant and other retired Loco Pilot was in August while it was month of
had filed an joint application before Mr. April for Dayaram so salary of
Arun Saxena, Divisional Railway Dayaram become more than yours. In
Manager, Kota on 22.9.2008 of which no these kinds of incident, there is no
reply has been given. Give the reason. provision of giving benefit of stepping
up of pay.
4. Why and when will our salary There is no irregularity in salary
irregularity be eliminated? fixation in administrative way.
5. When will our arrear be paid after No irregularity was found in your
elimination of salary irregularity? salary fixation.
6. Send the copy of the reply letter of You have not clarified in your letter
Railway against the application dated dated 22.9.08 that which copy you
5.7.08 and 22.9.2008. require.
The First Appellant Authority’s Order:
Not Mentioned.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Mr. K. K Mishra
The PIO shows that he had provided all the information and the appellant in the first appeal
had asked for further information. Hence the first appellate authority had on 13/02/2009
dismissed the appeal. IN the second appeal the appellant has only stated that the information
provided is false and has introduced a new element which he had not mentioned in the first
appeal.
Decision:
The appeal is dismissed.
The information has been completely provided to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
10 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(GJ)