Central Information Commission
CIC/AD/A/X/09/00093
Dated February 5, 2009
Name of the Appellant : Ms.Ravi Kanta Shukla
Name of the Public Authority : Mahanagar Telephone Nigam Limited
Background
1. The Appellant filed an RTI request dt.11.1.08 with CPIO, MTNL. The Appellant
requested for the following information:
i) Why he was not getting his BCR promotion even after completing 26
years of regular service on 8.11.2000 and requesting again and again.
ii) Is it correct that every employee ‘To’ has a right to take the Sr. To
scale, whether he or she has got the computer training or not.
iii) Which administration and officers are responsible for the discrepancy
iv) When will he get his BCR promotion
v) When will he get his Sr. To scale, if not entitled, why? From which
year it is applied.
vi) Why there is no reply from DoT and also not taken any action
vii) Why this type of irresponsible and partial behaviour to his request. Is
this a punishment for option DoT.
The AGM (A-I) HQ in his letter dt.8.7.08 addressed to APIO stated that as
regards grant of Sr.TOA Scale is concerned only officials who have completed
their Sr.TOA training have been considered for Sr.TOA(P) scale subject to
availability of vacant post. With regard to BCR promotion, the case is already
under process for consideration in respect of DoT optee / Non Optee. As soon
as the decision is arrived, necessary action will be taken accordingly. Not
satisfied with the reply, the Appellant filed an appeal dt.29.8.08 with the
Appellate Authority. The Appellate Authority replied on 1.10.08. The
Appellant filed a second appeal dt.20.11.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on February 5, 2009.
3. Mr. Pramatma Rai, DGM(RTI) and CPIO, Mr. Har Bhagwan, AGM(RTI) and
Appellate Authority, Mr. R.S. Panwar, AGM) and Mr. C.B. Singh, SDE(RTI)
represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The respondents submitted that in the past several representations were
been received in their office from the DOT Optee/Non Optee Gr. ‘C’ & ‘D’
officials who are on deemed deputation to BSNL/MTNL for their promotion
under OTBP/BCR. Accordingly the case was examined in the office. In this
regard, it is brought to the notice of the Appellant that the OTBP/BCR are
DOR schemes and are applicable to the DOT employees working in various
Circles. The employees who were earlier covered by these schemes but have
opted for Govt. service are still covered by these schemes till such time they
are redeployed. The cases for grant of OTBP/BCR in respect of such
employees, who have opted for Govt. service but are still working in
MTNL/BSNL pending their redeployment, are required to be processed by the
concerned Circles of BSNL/MTNL as per the extant rule on the subject, and
then referred to this office for covering approval by the competent authority.
The Respondents also stated that the matter has been taken up by the
department and there is every prospect of the appellant being promoted
based on DPC and vigilance clearance.
4. Since the grievance of the appellant has been addressed, the appeal is
disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Ms.Ravi Kanta Shukla
TO 5762 – OTBP
O/o General Manager CPSL
R.No.123, 1st Floor
Eastern Court, Janpath
New Delhi 110 050
2. The CPIO
Mahanagar Telephone Nigam Limited
O/o Executive Director
Khurshid Lal Bhawan
New Delhi 110 050
3. The Appellate Authority
Mahanagar Telephone Nigam Limited
O/o Principal General Manager
Khurshid Lal Bhawan
New Delhi 110 050
4. Officer in charge, NIC
5. Press E Group, CIC