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M S Narayanan vs Comptroller & Auditor General on 21 May, 2025

                                      के ीय सूचना आयोग
                              Central Information Commission
                                   बाबा गं गनाथ माग,मुिनरका
                               Baba Gangnath Marg, Munirka
                                 नई िद    ी, New Delhi - 110067
ि तीय अपील सं        ा / Second Appeal No. CIC/CAGIN/A/2024/123629

M S Narayanan                                                     ... अपीलकता/Appellant

                                         VERSUS
                                          बनाम
CPIO: Comptroller & Auditor
General, New Delhi                                          ... ितवादीगण/Respondents

Relevant dates emerging from the appeal:

RTI : 09.02.2024                FA       : 29.04.2024             SA     : 18.07.2024

CPIO : 03.04.2024               FAO : 18.06.2024                  Hearing : 14.05.2025


Date of Decision: 21.05.2025
                                          CORAM:
                                    Hon'ble Commissioner
                                  _ANANDI RAMALINGAM
                                         ORDER

1. The Appellant filed an RTI application dated 09.02.2024 seeking information on the following points:

1. I invite your kind attention to the letter No. PWA/1, dated 22-1-2024 forwarding two resolutions viz. Immediate constitution of fixation cell by Pr.

Accountant General (A&E), Chennai based on C&AG's office circular dated 13-12-2023 and removal of disparity in pay scales between Senior Accountants and Sections Officers and Assistant Accounts Officers. In this context I request you to intimate me the action taken on the resolutions.

2. The CPIO replied vide letter dated 03.04.2024 and the same is reproduced as under :-

"As per CCS (RSA) Rules, 1993, Pensioners Welfare Association (Accounts), Chennai is not a recognized association under JCM Scheme. Headquarters' office does not take any action on correspondence which are sought by the unrecognized associations."

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.04.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 18.06.2024 upheld the reply given by the CPIO.

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 18.07.2024.

5. The appellant attended the hearing through video conference and on behalf of the respondent Jishnu J. Raju, CPIO, Uphar Sharma, Accounts Officer, Gaurav, AAO, attended the hearing in-person.

6. The appellant inter alia submitted that the respondent did not respond within stipulated time limit. He further contended that the respondent had incorrectly declined the information without citing relevant rules applicable to a Pensioners' Welfare Association. He further stated that based on the State Co-operative Rules, Pensioners' Welfare Association of AG'S Office has been registered under Tamil Nadu Societies Registration Act, 1975 vide certificate No. SRG/Chennai/Central/150/2024.

7. The respondent while defending their case inter alia submitted that apart from the initial reply dated 03.04.2024, they provided additional information to the appellant on 29.11.2024, wherein it was informed that PAG (A&E) Tamil Nadu, Chennai had constituted the fixation Cell and report had also been sent to Headquarters' Office on 15.02.2024, regarding financial implication in respect of extension of higher pay scale to Senior Accountants, etc. in organized accounts. The written submissions sent by the CPIO on this regard on 08.05.2025 are reproduced as under:

", Sh. M S Narayan filed 1st appeal on 29.4.24 reiterating the contents of his RTI application and stated that Pensioners Welfare Association (Accounts) being not a recognized association under JCM scheme, CCS (RSA) rules, 1963, is incorrect and not factual. The CCS (RSA) rules, 1963 applies only to service associations i.e. formed for representing working employees and Pensioners Welfare Association (Accounts) cannot be recognized as it is essentially formed by retired employees. The appeal w was disposed of by FAA of this office vide this office letter no. 1856-RTI/525-2024 dated 18.6.2024 (copy enclosed as Annexure-II) stating that CPIO has rightly furnished the available information vide this office letter no. 1021-RTI/525-2024 dt: 3.4.2024, Further, it was stated that his contention that the CPIO was incorrect in stating that Pensioners Welfare Association (Accounts) Chennai is not a recognized association under JCM scheme, CCS (RSA) Rules, 1993, is not appropriate as the appellant himself had agreed in his Ist appeal that Pensioners Welfare Association (Accounts) cannot be recognized under CCs (RSA) Rule 1993 as it is essentially formed by retired employees. It was further informed that his resolution/demand has been received in this office through Pensioners Welfare Association (Accounts) and the same was recorded in file.

Vide 2nd appeal preferred before the Hon'ble CIC, the appellant stated that the stand taken by the PIO that the information could not be furnished as the Pensioners Welfare Association was not recognised etc, is incorrect as the information sought by him were not under any "classified category and the grounds of denial does not come under Section 8 of RTI Act In this regard, it is submitted that though the Pensioners Welfare Association (Accounts) Chennai is not recognized under (JCM Scheme) CCS (RSA) Rules, 1993, as has been stated by CPIO and FAA of this office, however, considering the fact that the appellant is Senior Citizen of 80 years, requisite information is being furnished to the appellant as detailed below:

In respect of immediate constitution of fixation cell by the PAG(A&E), Tamil Nadu, Chennai, it is informed that PAG (A&E) Tamil Nadu, Chennai had constituted the fixation cell and report had also been sent to Har's office on 15.02.2024 (copy enclosed as Annexure-III) regarding financial implication in respect of extension of higher pay scale to Sr. Accountants, etc. in Organized Accounts As regards, removal of disparity in pay scales, it is informed that the information sought for financial implications in respect of the extension of higher pay scale to Sr. Auditors w.r.t. implementation of board of Arbitration Award (CA No. 3/2001) by the Ministry of Finance was consolidated and sent vide U.O/letter dated 28.03.2024 (Copy enclosed as Annexure-IV) and an updated information/data was sent vide letter dated 29.11.2024 (Copy enclosed as Annexure-V). Calculation in respect of Olo PAG (ASE) TN, Chennai was included in the data sent to the Ministry of Finance. Further, a reminder in this regard has also been issued to Ministry of Finance vide UO/Letter dated 03.02.2025 (Copy) enclosed as Annexure-IV). No response has been received from the Ministry till date. Disparity in the pay scales of Section Officers and Assistant Accounts Officers consequent to implementation of Arbitration Award to Sr. Accountant will be removed after approval of the Ministry of Finance A copy of this written submissions (along with the details of information being furnished in respect of RTI application) is also being forwarded to the appellant on his email as well as through speed post to his correspondence address."

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that appropriate reply has been given by the CPIO, as per provisions of the RTI Act. Further, the respondent having denied the information earlier, have re-visited the case and have taken a lenient view considering the appellant's age i.e. 80 years old. The CPIO has provided the overall action taken with respect to the issues raised in appellant's resolutions, referred to in the RTI Application. That being so, the Commission finds no scope for further intervention in the matter in Page 4 of 5 respect of the information sought in the matter. However, it is observed that there was a delay of approximately one month at the CPIO's end, in furnishing the initial response. In view of the above, the CPIO is directed to send a proper written explanation to the Commission for not responding to the instant RTI Application(s) within the stipulated time frame of the RTI Act. The written explanation of the CPIO shall be sent to the Commission both through post and via uploading on http://dsscic.nic.in/online-link- paper-compliance/add within 15 days of the receipt of this order. Accordingly, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 21.05.2025 Authenticated true copy O. P. Pokhriyal (ओ. पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1 The CPIO O/o the Comptroller & Auditor General of India, 9, Deendayal Upadhyay Marg New Delhi-110124 2 M S Narayanan Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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