CENTRAL INFORMATION COMMISSION
Appeal No.3017/ICPB/2008
F. No. PBA/2008/00484
November 17, 2008
In the matter of Right to Information Act, 2005 - Section
[Hearing at Puducherry on 30.10.2008 at 2.30 p.m.]
Appellant: Mr. P. Pakirisamy
Public authority: Electricity Department
Mr. T. Valaemalky, Superintendent & CPIO
Mr. G.C. Joshi, Secretary & Appellate Authority
Parties Present: For Respondent:
Mr. T. Valaemalky, Superintendent
Mr. T. Anandhakrishnan, Supdt. Engineer-I
Mr. P. Pakirisamy-Appellant
FACTS
:
The appellant has sought information under RTI Act by his letter dated
14.6.2007 addressed to the PIO, D/o Power, Govt. of Puducherry, Chief
Secretariat, Puducherry regarding action taken on his representation dated
9.8.1999 addressed to the electricity department and a representation dated
14.3.2007 addressed to Chief Secretary and many other reminders in connection
with non-revision of scale of pay of the post of machine operator. The PIO by his
letter dated 10.7.2007 has given an elaborate reply giving various details. Not
satisfied with this the appellant preferred an appeal before the first AA, viz. the
Secretary (Power) on 26.7.2007. The AA by his decision dated 20.8.2007 has
upheld the decision of the PIO. Comment were called for from the Public
Authority, and the same is received from the present public authority vide letter
dated 23.7.2008. The appellant has also filed his rejoinder vide letter dated
28.7.2008. This case was taken up for hearing on 30.10.2008, which was
attended by the concerned authorities of the electricity department. The
appellant has also attended the hearing.
DECISION:
2. I have gone through the RTI application and other replies received in this
connection. The matter was heard in detail during the hearing. It appears that
the post of Machine Operator has now been abolished on the instructions of the
Government of India and as on date there is no post existing in the Electricity
Department. The appellant is very much aggrieved that the benefits of 5th Pay
Commission has been given to equally placed posts in other Departments,
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whereas the Machine Operators have not been given any benefit. However, the
Department representatives who appeared for the hearing have explained the
matter stating about the changed circumstances and some of the posts have
been cleared by the Finance Department and some posts have not been cleared.
As far as the RTI is concerned, I am satisfied with the information already
provided to the appellant. The appellant’s grievance is outside the purview of the
RTI Act. However, the CPIO has been directed to provide the appellant a copy
of the Finance Department’s recommendation while not accepting the proposals
regarding the Machine Operator. However, it is understood the same has also
been given. Hence, the only course available before the appellant would be to
agitate the issue before appropriate forum. In these lines the appeal is disposed
of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. T. Valaemalky, Superintendent & CPIO, Electricity Department, Govt.
of Puducherry, Puducherry.
2. Mr. G.C. Joshi, Secretary & Appellate Authority, Industrial Development
(Power) Department, Puducherry.
3. Mr. P. Pakirisamy, Machine Operator, Revenue Division-3, Sub-Division-9,
Electricity Department, Residing No. 10, 10th Cross Brindavanam,
Puducherry.
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