Central Information Commission
Mrislam vs Gnctd on 20 February, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2014/000802
MR Islam v. PIO, Directorate of Education
Important Dates and time taken:
RTI: 03.12.2013 Reply: Time:
FAA: 25.01.2014 FAO: 19.02.2014 Time:
SA: 12.05.2014 Hearing: 19.02.2015 Decision:20022015
Show cause
Compliance
Result: Disposed of
Observation:
Parties Present:
The appellant is represented by Ms. Gurjit Kaur, Ms. Raminder Kaur. The Public
Authority is represented by Mr. J.Dhawan, Rajesh, Dr. Dharmendra.
Information sought:
1. Appellant through his RTI application had sought for information in relation to Cabiet decision dated 17.04.2008 whereby Part time teachers engaged by Sanskrit/Urdu and Punjabi academics have been made "Full time teachers" Namely, Certified copy of the cabinet decision dated 13.05.2013 as well as copy of the Order dated 06.06.2013, Whether CIC/SA/A/2014/000802 Page 1 the Sanskrit/Punjabi academics have been paid the remuneration. If yes whether it is at present with the urdu teachers and If No, the reason for the same...etc PIO response:
2. Not attached Ground for First Appeal:
3. Unsatisfactory and incomplete reply furnished by the PIO.
First Appellate Authority Order:
4. FAA stated that the reply given by OS(EIII) was forwarded by PIO(HQ) and also stated that for Q No. 2 pertain to Art & Culture department and the same may now be transferred.
Ground For Second Appeal :
5. Unsatisfactory response of the PIO.
Proceedings Before the Commission:
6. Both the parties made their submissions. The representatives of the appellant submitted that there are some 200 Punjabi/Sanskrit teachers under the Punjab Academy, which is controlled by the Arts & Culture Department, who have to be paid huge arrears of pay on account of revision of their pay scales. Each teacher has to get approximately Rs.5 lakhs each as arrears, but the Government is holding the same. Their case is linked with three authorities, i.e. Punjab Academy, which gets directions from the Arts & Culture Department, which in turn gets instructions from the Department of Education. Thus, they are facing difficulties even in the timely receipt of their salary, which comes after 3 months CIC/SA/A/2014/000802 Page 2 every time. As for example, they have received the December, 2014 salary only in February, 2015.
7. The appellant's representatives further represented that as far as their arrears are concerned, they are legitimately entitled to the same as the Hon'ble High Court of Delhi has ordered to pay the same in the case of Urdu teachers, who are similarly placed like them. The Government had immediately paid their arrears in compliance with the High Court's order. On the similar lines, the Government had prepared a Cabinet note, to release their arrears also, but so far no result.
8. In response to this, the Public authority represented by the Departments of Education, Arts & Culture and Punjab Academy, submitted that it is true that the payment of arrears of the Punjabi/Sanskrit teachers is delayed and it is also true that there is a draft Cabinet note already prepared in this regard for payment of the same, with the Department. But the problem is that there is no Cabinet for Delhi Government, for the past one year and only recently the new Government has taken over. The Department has assured that now that the Cabinet is there, very soon they will take the issue to the the Cabinet and they will do the needful.
9. The Commission after having heard the submissions at length and having perused the record thoroughly, considers that the appellant's representatives have been given sufficient information and hence disposes of this appeal with a recommendation that the Public Authority should explore the possibility of paying salaries promptly to the teachers, avoiding the submission/approval of the pay bills through different departments, which is a timeconsuming process.
10. With the above observations, the appeal is disposed of.
(M.Sridhar Acharyulu) CIC/SA/A/2014/000802 Page 3 Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar
1. The PIO under the RTI Act, Government of Delhi Directorate of Education, Headquarters, RTI Cell RNo. 220 Old Secretariat, Delhi110054
2. Sh. Islam, WZ-II, Chaukandi Extension Tilak Nagar, Delhi-110018 CIC/SA/A/2014/000802 Page 4