Central Information Commission
CIC/AD/A/2009/001611
Dated 18th February, 2010
Name of the Applicant : MR. K W NARIKAR
Name of the Public Authority : CENTRAL RAILWAY, MUMBAI
Background
1. The Applicant filed his RTI request on 26.02.09 with the CPO(IR) cum PIO, Central
Railway, Mumbai seeking copy of any promotion order issued on 18.02.1981 which
prohibited Rly. administration to give him promotion with retrospective effect from
01.06.79 in one of 3 vacancies of upgraded post due to restructuring which were in
existence on 18.02.81. The PIO replied on 19.03.09 enclosing copy of letter as sought
by the Applicant. Being aggrieved with the reply, the Applicant filed his First Appeal on
03.04.09 stating that in his appeal dated 26.02.09 he has submitted his promotion
order of 01.01.79 and 01.06.09 which has been effected from 01.09.80 whereas the
same should have been with effected retrospective effect from 01.06.79. On this
crucial date 3 vacancies of upgraged post due to restructuring existed and he was the
only senior most senior clerk available in the whole Central Railway as accepted by
Rly. administration. This promotion continued to be in existence till date of his
promotion order. In view of this the Appellant requested the Appellate Authority and
Additional General Manager to examine the circumstances under which his legitimate
claim for promotion to 1 of 3 vacant upgraded posts under restructuring which were in
existence on 18.02.81 was denied with retrospective effect from 01.06.79 while
setting aside GM’s guide lines issued on 10.10.80 to be taken into consideration at the
time of implementation of Rly. Board’s orders. He is also requested to furnish him with
a copy of documents available with SPO(RP/S&M) on 18.02.81. He stated that his
claim is based on GM’s guidelines to all Peronnel officers vide CPO’s letter dated
10.10.80. The Appellate Authority replied on 18.05.09 informing the Applicant that
information has already been provided by PIO vide letter dated 16.03.09. He also
stated that the reply dated 21.08.1981 regarding clarification of payment of arrears
to the staff who promoted against the chain vacancies released by the employee
promoted against upgraded posts will take effect from the date the posts are actually
filled in and as such no payment of arrears with retrospective effect in their case is
admissible. Further in this connection, he stated that only two posts of head clerk were
upgraded and Mr. B.A. Sambre and Mr.Nimje, sr. clerks who were senior to him were
promoted as head clerks against upgraded posts and he was promoted against chain
resultant vacancy. However, not atisfied with the reply, the Applicant filed his Second
Appeal before the Commission reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 18th February, 2010 through video conferencing.
3. Mr. D K Waghmare, CPO(Stores) cum Deemed PIO and Mr. Motwani, Appellate
Authority represented the Public Authority at NIC studio, Mumbai.
4. The Appellant was not present for the hearing..
Decision
5. On reviewing submission of the Respondent the Commission holds that all available
information has been provided and that the Appellant should approach an appropriate
forum for redressal of any grievance related to his promotion.
6. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. M K Narikar
110/1 A, Rly Lines
Forest Jadhav Chawl
Solapur – 413 001.
2. The PIO
Central Railway
Headquarter Office
Personnel Branch, CST
Mumbai.
3. The Appellate Authority
Central Railway
Headquarter Office
Personnel Branch, CST
Mumbai.
4. Officer in charge, NIC
5. Press E Group, CIC