Central Information Commission
Mr.Harish Chander vs Ministry Of Railways on 24 March, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000347
Date of Hearing : March 24, 2011
Date of Decision : March 24, 2011
Parties:
Applicant
Shri Harish Chander
S/o Late Shri Khem Chand
H.No.1/9, Old Rajinder Nagar
New Delhi 110 060
The Applicant was present during the hearing.
Respondents
Ministry of Railways
O/o the Advisor & CPIOIII
Railway Board
Rail Bhawan
New Delhi
Represented by : Shri Salim Mohd. Ahmed, DDE
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000347
ORDER
Background
1. The Applicant filed an RTI application dt.31.5.10 with the PIO, Ministry of Railways seeking reasons as to why the Additional Allowance @ Rs.1000/ p.m + DA and Store Allowance @ Rs.102/ with regard to post of Loco Pilot Mail was not provided to him. Shri Chander Parkash, replied on 17.6.10 stating that comments have been sought from Northern Railway in this regard. Not satisfied with the reply, the Applicant filed an appeal dt.23.7.10 with the Appellate Authority (Copy not enclosed). Shri P.K.Sharma, Appellate Authority replied on 26.10.10 enclosing the reply received from the Northern Railway. Being aggrieved with the reply, the Applicant filed a second appeal dt.1.12.10 before CIC.
Decision
2. During the hearing, the Respondents submitted that the Appellant has been medically decategorized and hence as per rules the allowances which are given to loco pilots cannot be provided to him since he is no longer a loco pilot. The Appellant on the other hand submitted that he was not medically decategorized and was only medically disqualified from driving fast trains and that he is still a loco pilot and his services are being utilized for shunting and therefore he is entitled to the allowances, In support of this contention the Appellant produced before the Commission a letter dt.7.12.10 from the DPO which stated as follows:
'He (the Appellant) is already deployed on supernumerary post w.e.f 1.9.08. Since the suitable alternative deployment in his case has not yet been located, he is to be utilized as per medical recommendations. There is no question of his demotion as Shunter nor any financial loss is being caused to him, as his pay in the Pay band and Grade Pay is protected. Taking duties from him while working on supernumerary post as per medical recommendations should not be construed as derogatory to his status. He is a Loco Pilot but will be utilized for Shunting duties. If he refuses to perform the duties as per medical advise/report, the supernumerary post will be discontinued with immediate effect and action taken'.
The Appellant averred that as per the letter he is still a Loco Pilot and the shunting duties have been given to him only for a brief period. The Respondent on the other hand maintained that the Appellant has been medically decategorized and as such he is not entitled for associated allowances. He pointed out that there are different kinds of loco pilots and a loco pilot dealing with shunting work is not entitled to allowances as sought by the Appellant. The Respondent produced the relevant rules in this regard indicating an absence of the said allowances for loco pilot doing shunting work.
3. The Commission noted that the issue to be resolved is whether the Appellant is a regular loco pilot or not and whether or not he is entitled to the allowances he is seeking and therefore towards this end directs the PIO & Sr.DPO to give a personal hearing to the Appellant and intimate to him his correct status and also whether he is entitled to the said allowances or not. The entire exercise to be completed by 24.4.11 and the Appellant to submit a compliance report to the Commission by 1.5.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Harish Chander S/o Late Shri Khem Chand H.No.1/9, Old Rajinder Nagar New Delhi 110 060
2. The Public Information Officer Ministry of Railways O/o the Advisor & CPIOIII Railway Board Rail Bhawan New Delhi
3. The Appellate Authority Ministry of Railways O/o Addl. Member (C) Railway Board Rail Bhawan New Delhi
4. Officer Incharge, NIC