Central Information Commission
Shiba Prasad Behera vs South Eastern Railway (Kolkata) on 1 May, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/SERLK/A/2024/603072
Shiba Prasad Behera .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
O/O Sr. Divisional Personnel
Officer, South Eastern Railway,
Chakradharpur, West Singhbhum,
Jharkhand - 833102 .... ितवादीगण /Respondent
Date of Hearing : 25.04.2025
Date of Decision : 30.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21.09.2023
CPIO replied on : 27.09.2023
First appeal filed on : 22.10.2023
First Appellate Authority's order : 27.10.2023
2nd Appeal/Complaint dated : Nil
Information sought:
1. The Appellant filed an RTI application (online) dated 21.09.2023 seeking the following information:Page 1 of 6
"1) What is the BASIC PAY PROTECTION RULE for INTER RAILWAYS MUTUAL TRANSFER (IRMT) Employee?
2) Respected Sir Myself SHIBA PRASAD BEHERA. An Indian Railway Employee. Date of Appointment : 28/02/2020 as ALP (Grade pay 1900 with Basic 19900) Date of Promotion : 07/11/2022 as Sr. ALP (Grade pay 2400 with Basic 25500) Date of Increment : 01/07/2023 (Basic pay 26300) Date of Inter Railway Mutual Transfer : 04/07/2023 released from NAGPUR Division SECR & Report on 05/07/2023 at CHAKRADHARPUR Division SER.
My mutual partner work as ALP (Grade pay 1900) in CHAKRADHARPUR Division SER. Both have same OBC Category. Q) I wants know what will be my new BASIC PAY as ALP (Grade pay 1900) at CHAKRADHARPUR Division SER ?"
2. The CPIO furnished a reply to the Appellant on 27.09.2023 stating as under:
"1 & 2. Your RTI application dated 21.09.2023 received by this office, the information as sought by you are as under.- You may kindly visit www.indianrailway.gov.in for Basic pay protection Rule RBE No. 161/2019 is available. (Copy enclosed.)
3. Your new Basic Pay as ALP on 01.07.2023 is Rs.21700/- at CKP Division SER."
3. Being dissatisfied, the appellant filed a First Appeal dated 22.10.2023. The FAA vide its order dated 27.10.2023, held as under.
"With reference to the above, the information sought by you have already been sent to you by PIO/Personnel vide letter No. SER/P- CKP/740/RTI/Online /SPB/2023 dated 27.09.2023 which stands good"
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the following grounds:
"With respect. Myself SHIBA PRASAD BEHERA. An INDIAN RAILWAY EMPLOYEES.
Date of Appointment: 28/02/2020 as Asst. Loco Pilot (ALP) at NGP DIVISION, SECR (GRADE PAY-1900 with BASIC PAY Rs.19900/-under GROUP-C) Page 2 of 6 Date of Promotion : 07/11/2022 as Sr. Asst. Loco Pilot (Sr. ALP) at NGP DIVISION, SECR (GRADE PAY-2400 with BASIC PAY Rs.25500/- under GROUP-C) Office Order No. : NPB/1310/2022 Dated 07/11/2022 NAGPUR DIV, SECR Where not mentioned any PROBATION PERIOD. Because GROUP-C to GROUP-C Promotion there is NO PROBATION PERIOD as per Department of Personnel & Training (DOPT) Letter No. : 28020/3/2018-Estt.(C) Dated 11/03/2019.
Date of First Increment after Promotion : 01/07/2023 at NGP DIVISION, SECR (BASIC PAY Rs.26300/-under GROUP-C) Then Transfer to CKP DIVISION, SER by INTER RAILWAY MUTUAL TRANSFER (IRMT) Process. Date of IRMT :04/07/2023 Released from NGP DIVISION, SECR 05/07/2023 Report at CKP DIVISION, SER My Mutual partner working as ALP at CKP DIVISION, SER (GRADE PAY 1900 under GROUP-C) We both belongs to OBC Category. Thus as per BOTTOM SENIORITY my New Designation converted from Sr. ALP to ALP.
As per PAY RULE my NEW BASIC PAY at CKP DIVISION, SER should be BASIC PAY Rs.26000/-
But my New Basic Pay converted to Rs.21700/-at CKP DIVISION, SER.
In KUR DIVISION (ECoR) & BSP DIVISION (SECR) both Division provide BASIC PAY Rs.26000/-for same condition IRMT. This confirmed as my Two friends IRMT to respective Division.
Then am apply RTI to CKP DIVISION, SER.
Question: What will be my New Basic Pay at CKP DIVISION, SER and On which RULE ?
Answer :As per RTI reply CKP Division SER My New Basic Pay converted to Rs.21700/-and as per RBE No. :161/2019 Dated 30/09/2019 There be a 12 Months Probation Period. If am completed 12 months work after Promotion to Sr. ALP at NGP DIVISION, SECR then IRMT to CKP DIVISION, SER. On this condition am fully Eligible for BASIC PAY Rs.26000/-at CKP DIVISION, SER.
& Wrong information provided "New Basic Pay as ALP on 01.07.2023 is Rs.21700/-at CKP Division SER" Because, l am working as Sr.ALP at NGP Division SECR on 01.07.2023 and on after 05.07.2023 converted to ALP at CKP Division SER.
I wants to clear one things (1) Date of Promotion : 07/11/2022 (BASIC PAY Rs.25500/-as Sr. ALP under GROUP-C) Page 3 of 6 Then Date of Next Increment:01/07/2023 (BASIC PAY Rs.26300/-) Already one increment applied after promotion. Then am transfer to CKP DIVISION, SER through INTER RAILWAY MUTUAL TRANSFER (IRMT) process on 05/07/2023.
Already One Increment completed. Which generally indicate One Year Complete.
(2) RBE No. : 161/2019 Dated 30/09/2019 applicable for OWN REQUEST TRANSFER.
But am INTER RAILWAY MUTUAL TRANSFER to CKP DIVISION, SER. OWN REQUEST TRANSFER and INTER RAILWAY MUTUAL TRANSFER totally different.
RBE No. :161/2019 letter also states that probation period is 12 months and Unless duration of probation has specially been provided fora particular post.
And in my case it is clearly say no probation period (as per DOPT Letter No. : 28020/3/2018-Estt.(C) Dated 11/03/2019) so I am no bound to work 12 months to get Rs.26000/-BASIC PAY. So above RBE Letter No. : 161/2019 Dated 30/09/2019 not applicable on me for IRMT.
(3) As per Department of Personnel & Training (DOPT) Letter No. :
28020/3/2018-Estt.(c) Dated 11/03/2019. There is no Probation Period for GROUP-C to GROUP-C Promotion.
ie, Promotion from GRADE PAY 1900 to GRADE PAY 2400. Because both GRADE PAY comes under GROUP-C. It is clear that in my Promotion there is NO PROBATION PERIOD. Thus for my case not required to work 12 Months for get BASIC PAY Rs.26000/-.
Sir, I Request you Kindly verify all and provide suitable answer for above mentioned condition of IRMT.
My appeal against RBE No. :161/2019 Dated 30/09/2019 rule which not apply on IRMT. And am fully eligible for get BASIC PAY Rs.26000/-. DRESS ALLOWANCE Rs.5000/-Every Year which paid by INDIAN RAILWAYS to EMPLOYEES in JULY SALARY yet am not received. More than 06 months completed.
As per LPC. Yet am not getting full Salary (Including HRA, OT, KILOMETRAGE ALLOWANCE). Already till today 06 months completed.
Page 4 of 6 Already 06 months completed but am not getting HRA ALLOWANCE or any QUARTER. Two times am apply for QUARTER same rejected due to unavailable sufficient Quarter.
In CKP DIVISION, SER for SALARY am totally Harassment and mentally Stressed.
I request you kindly provide me all Supported Rule which help me. I request you if possible at you kindly help me for getting BASIC PAY & full salary as per LPC & Dress Allowance of NGP DIVISION, SECR."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through videoconference. Respondent: Represented by Md. Ibrar, APO (Traffic) along with Shri S Bindhani, Ch. OS present through videoconference.
5. The appellant while reiterating the contents of instant appeals (as quoted above) contended that the information furnished by the CPIO is wrongly as his basic pay ought to have been Rs. 26,000/- which is shown as Rs. 21,700/-. He further contended that probation period of 12 months is not applicable in his promotion case as per DoPT guidelines of 2019 because he got promotion in the same Grade C. He requested the Commission to redress his grievance.
6. The respondent submitted that reply along with relevant information as is held by their office has already been provided to the appellant. He further apprised the Commission that appellant's case relates to mutual transfer posting which led to down grading of his basic pay as per RBE norms.
Decision:
5. The Commission after adverting to the facts and circumstances of the case and perusal of the records observes that the main premise of instant Appeal was unsatisfactory reply from the respondent. In response to which, the respondent claimed that reply as per RTI Act has already been provided to the appellant vide letter dated 27.09.2023.
6. The Commission notes that the dissatisfaction of the Appellant with the information provided by the Respondent are bereft of merit as it adequately Page 5 of 6 answers the query raised by the Appellant in terms of the provisions of the RTI Act. It is noteworthy that the PIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant.
7. Further, the issue raised by the appellant during hearing challenging the basic pay given to him on transfer is a matter of grievance which cannot be resolved under the mandate of the RTI Act. For this, the appellant is at liberty to pursue the matter through appropriate forum.
8. Intervention of the Commission is not warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, ADRM, Office of the Sr. Divisional Personnel Officer, South Eastern Railway, Chakradharpur, West Singhbhum, Jharkhand - 833102 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)