Central Information Commission Judgements

Mrs. Biraja Bhattarcharya vs Kendriya Vidalaya Sangathan, … on 13 January, 2009

Central Information Commission
Mrs. Biraja Bhattarcharya vs Kendriya Vidalaya Sangathan, … on 13 January, 2009
                  CENTRAL INFORMATION COMMISSION
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                                         Decision No. CIC/OK/A/2008/01286/SG/1020
                                                  Appeal No. CIC/ OK/A/2008/01286

Relevant facts emerging from the Appeal:

Appellant                            :      Mrs. Biraja Bhattarcharya
                                            Ex-TGT, (English)
                                            K.V.Shalimar Bagh,
                                            New Delhi - 110088

Respondent                           :      Mr. Kanhaiya Chaudhary

Assistant Commissioner (Admin. & Fin) &
Public Information Officer,
Kendriya Vidalaya Sangathan
Ministry of HRD
18, Institutional Area,
Shaheed Jeet Singh Marg,
New Delhi – 110602

RTI application filed on : 24/10/2007
Reply from PIO : 26/11/2007
First Appeal filed on : 06/10/2007
First Appellate Authority order : Not mentioned
Second Appeal filed on : 29/08/2008

Information Sought:

The appellant had sought certain information from Kendriya Vidalaya Sangthan, New Delhi
regarding encashment of Earn leaves for 101 days as calculated by K.V.S., Head Quarters,
New Delhi vide their letter number F.29-9/200-KVS(ESTT-II) dated 08/08/2003. Where as
only 31 days has been enchased rest 70 has not been enchased and is still pending to me.

Kindly intimate the information/action taken by the Commissioner KVS, New Delhi, Special
Secretary Aviation Research Centre, Head.Quarters, Cabinet Secretariat, and the Secretary of
School Education, Ministry of HRD, New Delhi for the payment of leave encashment ?

PIO’s Reply: The PIO in his reply said that :

“Smt. Biraja Bhattacharjee Ex-TGT (Retired) KV Shalimarbagh joined KVS and got her
service counted in KVS rendered by her in ARC Charbatia. After long correspondence the
authorities of Aviation Research Centre PO Charbatia vide their letter dated 26.03.2004 had
confirmed that she had got 31 days EL in her credit on the date of her resignation from their
department. (Copy enclosed.)
Accordingly payment of leave encashment of 31 days was made to her by A.C.KVS, RO
Delhi. KVS vide letter dated 08/08/2003 to Assistant Director (Admin) Aviation Research
Centre Govt. of India PO Charbatia had inquired whether Smt. Bhattacharjee was having 101
days EL in her credit if so, the amount of EL may be transferred to Kendriya Vidyalaya
Sangthan.

ARC Charbatia vide their letter dated 26/03/2004 had confirmed that Smr. Bhattacharjee had
got only 31 days EL and accordingly she was informed of the position. The position has been
apprised to the Director Cabined Secretariat Directorate of Public Grievances and Smt.
Bhattacharjee and Under Secretary UT-2 vide this office letter’s dated 22.05.2006,
24.05.2006 and 03.01.2007 respectively (copies enclosed.)”

First Appellate Authority Ordered:

Not mentioned.

Relevant facts emerging during hearing:

The following were present.

Appellant: Absent
Respondent: Mr. Kanhaiya Chaudhary PIO
The appellant believes she should get 70 days extra of EL. However the records do not
appear to show this and the PIO states he has only provided the information as per the
records.

Decision:

The Appeal is dismissed.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
13th January, 2009

(In any case correspondence on this decision, mention the complete decision number.)