CENTRAL INFORMATION COMMISSION
Appeal No. CIC/ WB/A/2008/01584 dated 27.8.2009
Right to Information Act 2005 - Section 19
Name of the Appellant : Shri Shyam Sunder Sharma
Name of the Public Authority : Office of the Registrar General, India
Ministry of Home Affairs, New Delhi
BACKGROUND
:
Shri Shyam Sunder Sharma, the appellant vide his RTI application dated
28.5.2008 sought information regarding decision taken on his representations filed on
different dates for the sanction of enhanced pay scale of Rs.5000-8000 w.e.f.
1.1.11996 for the post of DEA(Gr.B) in terms of implementation of recommendations
of 5th Central Pay Commission (CPC) . He also sought information on the transfer policy
in respect of Group ‘A’ Officers on the organisation. The CPIO vide reply dated
25.7.2008 informed the appellant about the respondent inability to provide the
enhanced scale pay scale of Rs.5000-8000/- for the post of DEO(Gr.B). The CPIO also
referred to a judgement of Principal Bench of CAT dated 18.8.2004 dismissing the
prayer for grant of pay scale of Rs.5000-8000. As regards the transfer policy of Gr. A
Officers the PIO replies “in view of specific work of conducting decennial census, no
transfer policy for Gr.A officers in his office has been laid down and the general
guidelines in this regard are being followed to the extent possible.” Not satisfied with
the reply of CPIO he filed an appeal before the First Appellate Authority (FAA), who
replied through letter dated 14.8.2008. Aggrieved with the replies of CPIO and the
FAA, the appellant filed second appeal before the Commission.
2. The matter was heard on 17.12.2009.
3. The appellant Shri Syam Sunder Sharma and Shri Padam Singh were present.
4. Shri K.S. Sawhney, Jt. Registrar and Shri Surender Kumar represented the
respondent.
5. During the hearing the respondent stated that the decision regarding pay scales
is as per the recommendations of 5th Central Pay Commission (CPC) and they are
unable to accept the demand for the pay scale of Rs.5000-8000 and that the prayer of
the appellant for grant of enhanced pay scale has been dismissed by the Principal
Bench of CAT in its order dated 18.8.2004. The appellant on the other hand contested
that he is entitled to the higher scale of pay of Rs.5000-8000 w.e.f. 1.1.1996 as per 5th
CPC recommendations.
DECISION:
After hearing the parties and on perusal of the documents this matter seems to
be the case where the appellant is seeking redressal of his grievances regarding pay-
scales. This is beyond the purview of the RTI Act, 2005. I find no infirmity in the
replies of CPIO and the FAA.
7. The matter is disposed of on the part of the Commission. Copies of the decision
be given free of cost to the parties.
(Sushma Singh)
Information Commissioner
17.12.2009
Authenticated true copy:
(P.C.Purkait)
SO & Asst. Registrar
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Copy to:
1. Sh D.S.Saini, Under Secretary,
Government of India,
Ministry of Home Affairs,
Grih Mantralaya,
Office of the Registrar General,
India, 2/A, Mansingh Road, New Delhi-110011
2. Smt. Preeti Shrivastava,
Appellate Authority,
Addl. Secretary & Registrar General.
2A, Man Singh Road, New Delhi-110011
3. Sh. Shyam Sunder Sharma ,
DEO, Grade-B, 36/3,
Nirman Vihar-1 (CPWD),
Sector -02, Vidhadhar Nagar.
Jaipur, Rajasthan