Central Information Commission
CIC/SG/A/2009/001254-AD
Dated December 31, 2009
Name of the Applicants : Shri Narayan Dadaji Kamble
Name of the Public Authority : Central Railway, Bhusawal
Background
1. The Applicant filed an RTI application dt.3.6.08 with the DRM, CR, Bhusawal stating
that he had retired as Sr.Loco Inspector, Bhusawal and was in the Grade Rs.840-1040
from 1.1.84 and that his seniority was also controlled by HQ and, therefore, he fulfills
all the conditions for stepping up of his pay. He wanted to know under what rule,
letter or circumstances, his stepped up pay was reduced and settlement done on
reduced pay. Shri Jagdish Prasad, APIO replied on 23.6.08 enclosing a letter
dt.16.6.08 from the concerned authority, in which it was stated that the pay of the
Applicant has been reduced on the basis of judgment delivered by Hon’ble Supreme
Court dt.13.1.05 and accordingly his settlement has been done. Not satisfied with the
reply, the Applicant filed an appeal dt.30.6.08 with the Appellate Authority stating that
the information received is not what he had sought and wanted to know under what
rule or letter or other circumstances his 5 seniors and 36 juniors were given stepping
up of pay and allowed to retire on their stepped up pay and their pension and
settlement given on their stepped up pay. The Appellate Authority replied on 15.7.08
stating that necessary judgment of Hon’ble Supreme Court dt.13.1.05 has already
been supplied vide letter dt.16.6.08. Being aggrieved with the reply, the Applicant
filed a second appeal dt.Nil before CIC stating that he was informed that his pay was
reduced and settlement done accordingly on the basis of Supreme Court Order
dt.13.1.05 11 delivered 11 years after his retirement.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 31, 2009.
3. Shri S.C.Pathak, APIO and Shri H.T.Dawade, OS I(P) represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The Appellant submitted that he retired much before the judgments of CAT and
Supreme Court and wanted to know on what basis his stepping up pay was reduced
and settlement done accordingly on the basis of the Supreme Court judgment and also
on what basis his 5 seniors and 36 juniors were given pension and settlement done
according to the stepped up pay. The Respondent , however, maintained that the
Appellant’s dues were settled after taking into consideration all details. However, as
calculations were done by the Administrative section he failed to clarify the issue in
respect of settlements made before CAT and Supreme court judgments, to the
satisfaction of the Appellant.
6. The Commission after hearing the submissions of both sides, directs the PIO to
conduct an enquiry into the matter u/s 18(2) of the RTI act keeping in view the
Appellant’s contention and to provide a copy of the enquiry report to the Appellant
and also recommends that the PIO facilitate a personal hearing of the Appellant by the
Chief Personnel Officer cum Appellate Authority. The entire exercise to be completed
by 31.1.2010 and the Appellant is directed to submit a compliance report to the
Commission by 7.2.2010.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Narayan Dadaji Kamble
Retd. Sr. Loco Inspector
Opp. Masonic Lodge
Near Railway Filter House
Bhusawal 452 201
2. The PIO
Central Railway
Divisional Railway Manager’s Office
Personnel Branch
Bhusawal Division
Bhusawal
3. The Appellate Authority
Central Railway
Divisional Railway Manager’s Office
Personnel Branch
Bhusawal Division
Bhusawal
4. Officer incharge, NIC
5. Press E Group, CIC