Central Information Commission
Mr.O P Tokas vs Government Of Nct Of Delhi on 23 September, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002167/9472
Appeal No. CIC/SG/A/2010/002167
Relevant Facts emerging from the Appeal:
Appellant : Mr. O.P. Tokas
S/o Late Sher Singh Tokas
H No. 75, Munirka Village
P.O. JNU
New Delhi- 110067
Respondent : Mr. K. S. Meena
PIO & ADM(C) Office of the Deputy Commissioner (Central) Govt. of NCT of Delhi 14, Darya Ganj New Delhi- 110002.
RTI application filed on : 15/02/2010 PIO replied : 31/03/2010 First appeal filed on : 05/05/2010 First Appellate Authority order : 03/07/2010 Second Appeal received on : 28/07/2010 Information Sought
1) Non Functional Pay Scale of Rs 8000- 275- 13500 w.e.f. 08/08/2005.
2) Special pay for sterilization of my wife w.e.f. July 2002 and arrears of special pay O.P. Tokas Ex. Sub Registrar III Grade 1(Dass).......
3) Arrears of Pay and Allowances w.e.f. 08.08.2002.
4) Date allowing financial benefits pf pay fixation O.P. Tokas Ex. Sub Registrar III Grade I(Dass).
Reply of the Public Information Officer (PIO)
a) As per Service Deptt.'s order dated 01.02.2010, this scale is to be granted to Gr-I(Dass) Officer on completion of regular 4 years service as Gr-I(Dass) w.e.f. 1/01/1996 on notional Basis and with actual benefit w.e.f. 1/12/2006 at the time of vigilance clearance at the time of such grant. Disciplinary proceedings already been initiated against the officer, hence on date the officer cannot be granted the same.
b) The Pay scale of Rs. 5500-175-9000/- has already been granted to Sh. O.P.Tokas w.e.f. 1/01/1996 on notional Basis and with actual benefit w.e.f. 1/12/2006 vide order dated 3/12/2008
c) As per service record, no order granting personal pay for sterilization of his family was issued and as per LPC issued by his previous deptt., no such grant was provided. As per rules, the Govt. servant is required to apply for the grant immediately after the operation to the concerned departments. As the officer is a retd. Govt. servant, no such grant can be ordered.
d) In supersession of the pay fixation order dated 06/032009, a fresh pay fixation was issued , fixing pay w.e.f. 08/08/2002 on promotion as Grade I(Dass). The Appellant pay arrear is in process and will be issued shortly.
Page 1 of 2Grounds for the First Appeal:
Unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA):
The PIO's information was re-confirmed by the SDM(HQ) and the appeal was disposed off accordingly.
Grounds for the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. O.P. Tokas;
Respondent: Mr. Girish Pandey, SDM(HQ) on behalf of Mr. K. S. Meena, PIO & ADM(C);
The PIO has given the information as per available records. The reply has been provided six days late as per the appellant and the respondent states that since various records have to be consulted it took some extra time. The appellant admits that he has received the information but states that it shows that he has not been given the appropriate increment and monetary dues which he should have got. The Commission has no jurisdiction on this but suggests that the Head of the Department should look at the facts and see if the appellant's contention is correct.
Decision:
The Appeal is disposed.
The information has been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 23 September 2010 (In any correspondence on this decision, mention the complete decision number.)(JA) Page 2 of 2