Central Information Commission
CIC/OK/A/08/00978-AD
Dated May 20, 2009
Name of the Applicant : Mr.Swami Nath
Name of the Public Authority : Northern Railway, New Delhi
Background
1. The Applicant filed an RTI application dt.31.1.08 with the CPIO, NR, New
Delhi. He requested for regularization of his service. The CPIO replied on
1.3.08 stating that Hon’ble CAT/New Delhi by their orders dt.21.7.05 in CP
No.226/2004 in OA No.2224/2002 filed by the Applicant and others directed
that ‘We dispose off this CP with a direction to the respondent to give
effect to the compliance affidavit filed on 19.7.04’ and accordingly only
three employees were granted Temporary Status. He added that to
implement the orders of Hon’ble CAT/NDLS as per affidavit dt.19.7.04 the
arrear bill was prepared and payment to the concerned three employees have
been made for the period within 10 years and for the period beyond 10 years;
the bill is already with Personnel and Accounts Department for arranging the
balance payments. Not satisfied with the reply, the Applicant filed an appeal
dt.5.3.08 with the Appellate Authority. On not receiving any reply, he filed a
second appeal dt.16.6.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 20, 2009.
3. Mr. Ravindra Kumar, Dy. GM/Law cum CPIO and Mr. Mahendra Kumar,
Dy.CEE/Planning represented the Public Authority.
4. The Applicant was present along with Mr. Kirpal Singh and Bansi Lal during
the hearing.
Decision
5. The Appellant stated that for regularization of service, a screening test was
conducted and those who qualified in the screening test were considered
eligible for regularization. The Appellant’s request was the period for which
he worked before the screening test should also be considered as regularized
period. The Respondent submitted that as per rules, the regularization can
take place only after the screening test. The Appellant also submitted that he
filed a case in the court and as per court’s order the regularization was
supposed to be done as per policy 120 days and 360 days, but the Public
Authority has not taken any action on the Court’s Order. The Commission,
after hearing both the sides, is of the opinion that this is a service matter and
in which the Commission has no role to play and accordingly advises the
Appellant to approach an appropriate forum for redressal of his grievance.
The Public Authority is also advised to look into this matter and take
appropriate action.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Swami Nath
C/o Mr.Sunder Lal
Electric Branch Workshop
Northern Railway
Daya Basti
Delhi 110 035
2. The CPIO
Northern Railway
Headquarters Office
Baroda House
New Delhi
3. The Appellate Authority
Northern Railway
Headquarters Office
Baroda House
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC