Central Information Commission
Jagjit Singh vs Ndmc on 18 May, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2016/002011
Date of Hearing : 16.05.2017
Date of Decision : 16.05.2017
Appellant/Complainant : Mr. Jagjit Singh
Respondent : CPIO, New Delhi Municipal
Corporation
Through:
Smt. Veena Sharma, Sr. AO,
Sh. S K Bhasin,
Sh. Pawan Kumar
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 20.11.2015
PIO replied on : 16.12.2015
First Appeal filed on : 22.12.2015
First Appellate Order on : 13.01.2016
2nd Appeal/complaint received on : 06.06.2016
Information soughtand background of the case:
Vide RTI application dated 20.11.2015, the appellant sought multifaceted information on 08 points regarding an approval of the Chairman, NDMC, the Director (P) vide office order no. I/C CGIT Cell/13/HA dated 2nd June 2014 granted Shiv Shankar Scale w.e.f. 01.04.1998. The appellant desired to know under which circumstance the said order is still not implemented and total revised pay since 01.04.1998 to 30.04.2014 arrear/difference of pay with due drawn statement and other related information. The CPIO vide letter dated 16.12.2015 furnished the information against each query. Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA vide letter dated 13.01.2016 reiterated the CPIO's reply. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
Both parties were present during the hearing. The deliberations during the hearing revealed that the case arose out of implementation of pay-scale of Delhi Transco Limited, particularly with respect to the employees of "Left-out category" by the Respondent. The appellant states that the payments were to be released in a time bound manner and while dues of most other employees were released, his dues were not cleared. The revised pension and gratuity as per the new payscale were given to him but pay difference and Leave Encashment as per the revised pay scale were not given to him. The Respondent submitted that Council's resolution was adopted on 05.09.2016 for implementation of revised pay scales for all categories of employees. The Respondent vide submissions dated 11.05.2017 submitted a detailed and point wise reply. It has been explained by the said reply of the Respondent that though there had been some delay in implementation of revised pay scales due to paucity of funds and because payments are released to pensioners after complete scrutiny since recovery of any excess payments is not possible from the pensioners. However, the Director(P), NDMC has again issued revised administrative orders providing therein payment of arrears of pension to be done in terms of the orders of the Hon'ble CAT in O.A. NO. 4057/2016 dated 08.12.2016. The Respondent has further stated that action is being taken to release the arrears after fixation of pay under the revised pay scales. The Respondent assured that the activity of processing of the arrears may take a week's time.
Decision:
After hearing parties and perusal of record, the Commission notes that the Respondent by their written explanation and submission have demonstrated that necessary steps are being taken for implementation of the revised pay scales. Admittedly pension and gratuity as per revised scales are being paid to the appellant. For the rest, the Respondent assured that the scrutiny of the documents and availability of funds did take some time but she is hopeful that the arrears of approximately Rupees Five Lakhs due to the appellant should be made available by another week.
The Commission finds that this is not a case where there has been any discrimination or bias against the appellant, the Respondent has clearly been trying to make the necessary payments, as per law. Delay in releasing of the outstanding payments is neither deliberate nor intentional. In view of the assurance of the Respondent about releasing the appellant's dues shortly, the Commission directs the Respondent to provide a Revised Reply in line with the letter dated 11.05.2017, explaining the cause of delay in clearing the dues. The revised Reply should be furnished within a week of receipt of this order.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-
Nodal Officer-Accounts & CBS / RTI First Appellate Authority under RTI Cell, Director-(Finance/Accounts) & Office of AO (CBS & FAA, New Delhi Municipal Accounts), New Delhi Council, Room No.-1307, 13 th Municipal Council, Room Floor, Palika Kendra, No.-6006, 6th Floor, Palika Parliament Street, New Kendra, New Delhi-110001. . Delhi-110001.
JAGJIT SINGH Flat No.-298, BLOCK :
C-4C, Pocket-14, Janak Puri, New Delhi-110058.