Central Information Commission
Mr. Kishore Kumar Das vs Ministry Of Information And ... on 7 November, 2008
Central Information Commission
CIC/OK/A/2008/00735/AD
Dated November 7, 2008
Name of the Appellant : Mr. Kishore Kumar Das,
972 Saraswati Vihar,
Housing Board Colony,
(Chakkar Pur), Gurgaon
Haryana-122002
Name of Public Authority : Under Secretary & CPIO
Ministry of Information and
Boradcasting,
Shastri Bhawan, New Delhi
Background
1. The RTI application was filed on 18.01.08. The Appellant requested for information against 9 points, related to his appointment and pay scales and the status of his Grade/Classification as per the classification of civil posts made by DOPT /Ministry of Personnel, Pensions and Public Grievances. In particular, the Appellant requested for the following information:-
(i) Details of Gazette notification of his appointment as translator cum Announcer (Foreign Language), (TA(FL)).
(ii) Action taken by the Ministry of I&B on the DGAIR'S communication V.O. No 20/1/93SVII/1013-A dated 06.12.1993 to Ministry of I&B which stated "TAs appointed as Government servants enjoy all the benefits applicable to similarly placed Government servants. However, Ministry of I& B may like to issue gazette notification in respect of Indian Nationals working TA (FL)".
(iii) Whether Supreme Court Rules for T-A (FL) appointed as civil servant in the ESD/AIR through conversion from Staff Artist/Artist to become regular Government servant holding civil posts in the present Pay Scale Rs.8000-13500 (Rs. 2200-4000/- pre-revised) have been framed or not and the reasons if they are not and if yes, the details.
(iv) As per the Constitutional provisions/Govt. Rules/precedents/ norms and conventions, appointment to the posts belonging to Group A Category are to be made by the President of India in consultation with UPSC and other concerned Departments. This has been followed in the case of the Supervisors (Foreign Language). The Appellant wanted to know whether this procedure has been followed in his case or not and if not when would such a notification be issued.
(v) Whether civil posts of all TA/FL of ESD/AIR Govt. servants in Govt pay scales of Rs.8000-13500 have been created in terms of Para 6 of Ministry's Order No.45011/29/91-BA dt.29.11.1991 and if not, when would the creation of Group A post be notified.
(vi) Whether the no. of Group A posts in AIR (two thousand seven hundred forty six) as indicated in the 5th Central Pay Commission includes posts of TA(FL) as indicated in its recommendations and the correct position with regard to inclusion of TA(FL) in Group A (2276).
(vii) As per Gazette status, under 1982 scheme following Supreme Court's intervention, are the TA(FL) given equal treatment as Government servants vis a vis translators cum newsreaders of AIR, Supervisors (FL), Scientific Officers, Assistant Directors and other Govt. Servants not under 1982 scheme.
(viii) (a) Whether the Appellant is a permanent Govt. employee or temporary in his grade with pay scale of Rs.2200-4000 on 27.6.87 and 27.6.90 with reasons, (b) Whether the Appellant is holding a civil post or temporary post since 27.6.87 or 27.6.90,
(c) Whether he belongs to Group-A / Class I as per DoPT Order No.13012/1/98-Estt.(D), dt.20.4.1998, (d) Whether UPSC was consulted before the Appellant was converted to become a regular Government servant holding civil posts in the Govt. pay scale of Rs.2200-4000 as on 27.6.87, which is the Appellant's date of joining the service, (e) Whether it was required that appointment letter is required to be issued to him as was done in the case of Supervisors (FL), (f) Whether his appointment to the post as mentioned in point (a) is liable to be notified in the Gazette of India.
(ix) Is the post of Translator-cum-Announcer that the Appellant held since 1987 under ACP scheme, non gazetted? And if yes why he and the other TA(FL) should not be paid bonus from the date of joining the Central Governemnt service along with 18% interest.
2. The CPIO replied on 18.2.08 stating that the information sought by the Appellant was being collected. The Appellant filed the first appeal before the Appellate Authority reiterating his request for the information. The CPIO replied instead of the Appellate Authority on 2.4.08, stating that the Appellant should ask specific questions. The second appeal was filed by the Appellant on 3.5.08 before the CIC reiterating his request for the information.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 7, 2008.
4. Shri S.P.Sharma, Under Secretary & CPIO and Ms.Jayanthi G., Deputy Secretary represented the Public Authority.
5. The Appellant, Mr.Kishor Kumar Das was present in person. Decision
6. The Respondents submitted that a response dt.23.6.08 was sent to the Appellant on their receiving intimation that an appeal was preferred before the CIC. They submitted that as yet no recruitment rules have been formed with regard to all the posts and that the Ministry of Information and Broadcasting has not received any proposal from DGAIR in this regard. TA(FL) is one of the posts for which RR were not framed. The Appellant submitted that he did not receive the letter dt.23.6.08 from the CPIO, upon which a copy of the letter was shared with the Appellant in the presence of the Commissioner. The Appellant read the response dt.23.6.08 and submitted that he was not happy with the reply since information against a number of points was missing and also because the information was all mixed up. He appealed for another reply from the CPIO giving point wise information against the 9 points given in his RTI request. He said that the letter of 23.06.08 did not give information against every point and he would find it difficult to gather information he required unless he received it in the format in which he had asked.
7. The Commission directs the CPIO to provide the Appellant with the information in the required format i.e. information against every point and sub-point in the RTI application within 15 days of receipt of this Order.
8. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr. Kishore Kumar Das, 972, Saraswati Vihar, Housing Board colony (Chakkar Pur), Gurgaon, Haryana 122 002.
2. Mr. S.P. Sharma, Under Secretary & CPIO, Ministry of Information & Broadcasting, Shastri Bhawan, New Delhi.
3. The Appellate Authority- RTI Ministry of Information & Broadcasting, Shastri Bhawan, New Delhi.
4. Officer incharge, NIC
5. Press E Group, CIC