Central Information Commission
S V S N Murthy vs Department Of Posts on 13 September, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
Second Appeal No.: CIC/POSTS/A/2018/149526
Shri S V S Murthy Appellant
Versus
CPIO, Dept of Posts Respondent
Order Sheet: RTI filed on 24.01.2018, CPIO replied on 12.03.2018, FAO on 25.04.2018, Second
appeal filed on 07.08.2018, Hearing on 12.09.2018;
Proceedings on 12.09.2018: Appellant present from NIC Vishakapatnam, Public Authority
represented by Mr.K.V.L.N. Murthy, APMG from NIC Krishna;
Date of Decision - 12.09.2018: Disposed of with directions.
ORDER
FACTS:
1. The appellant sought copy of relevant rulings concerning to the date of entry and date of birth is taken into consideration for promotion to LSG cadre (Accounts line in RMS), if yes, how Shri P. Nageswara Rao, SA, HRO Hyd. Stg. Dn. has been considered for promotion to LSG cadre (Accounts line in RMS) in the year 2014 itself, without considering the name of Smt. Y. Sailaja who is senior by three years; copies of Circle Gradation Lists of SA Cadre (RMS), which are prepared after 24.11.1994 etc. through 4 points. The CPIO on 12.03.2018 provided information on point nos. 1, 3 and 4 and on point no. 2 he stated that information is not available.
The FAA on 25.04.2018 directed the CPIO to furnish copies of relevant rulings sought by the appellant free of cost within 7 days along with any other information available on record, mentioned in the points 1 & 2 may also be furnished but the points on which appellant is seeking clarification under both points 1 and 2 need not be given since they are not within the purview of the RTI Act. Being dissatisfied, the appellant approached this Commission.
CIC/POSTS/A/2018/149526 Page 1 Decision :
2. Shri K.V.L.N. Murthy, APMG, Staff, Vig& Inv. in his written submissions dated 07.09.2018:
"1. This is regarding granting of promotion to the cadre of Lower Selection Grade (LSG) in General Line and Accounts Line in RMS Wing of Department of Posts. As per Recruitment Rules, Sorting Assistants who were completed five years of service are eligible for consideration to the promotion to the cadre of LSG. In respect of Accounts Line, Sorting Assistant with five years of service and qualified in PO & RMS Accounts Examination is the eligibility criteria. The LSG cadre is circle cadre. To ensure the eligibility criteria, Circle Seniority list of all the Sorting Assistants is to be taken into consideration. The Circle Gradation List (Combined AP) Sorting Assistants prepared and updated as on 31.05.2007 was circulated to all the officials.
2. After bifurcation of Andhra Pradesh Circle into Telangana and Residual AP Circle, Circle Office of Residual AP Postal Circle was established at Vijayawada in the month of Feb-2017 and Circle Gradation List of Sorting Assistants of combined AP Circle was received from Telangana Circle on 07.09.2017. Since the said Circle Gradation List of Sorting Assistants of combined AP Circle was already circulated to all the officials, eligible officials to the extent of vacancies available in LSG cadre as on date was shortlisted and referred to Departmental Promotion Committee for consideration of promotion to the cadre of LSG. As per the said Circle Gradation List, orders were issued on 02.01.2018 to the following four Sorting Assistants for promotion to the cadre of LSG.
Sl. No. Name of the official Community DOB DOE CGL No.
1. Smt. Y. Sailaja OC (PH) 05.03.1968 24.11.1994 851
2. SVSN.Murthy OC 10.06.1972 24.11.1994 856
3. S.Uma Devi OC 21.07.1973 08.05.1995 865
4. I.Krishnarjuna Rao OC 04.08.1971 04.09.1995 875
3. Sri SVSN Murthy submitted representation dated 02.02.2018 declining the promotion and the same was accepted by the competent authority on 26.02.2018.
4. Sri SVSN Murthy submitted one application dated 24.01.2018 under RTI Act to this office seeking information on the following:-
(i) Copy of the ruling for fixation of seniority in CGL between two candidates who appointed on the same date but not obtained equal marks.
(ii) How the name of Sri P. Nageswara Rao, SA HRO Hyderabad Sorting Division has been considered for promotion to the LSG cadre (Accounts Line) RMS in the year 2014 itself without considering Smt. Y. Sailaja.
(iii) Copies of the Circle Gradation Lists of SA cadre which are prepared after 24.11.1994.
(iv) Copy of the ruling AB-1407/41/41/90-Estt(RR) dated 10.05.1990.
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5. The RTI applicant was asked to credit an amount of Rs. 150/- for supplying the Xerox copy vide this office letter dated 22.02.2018. The official credited Rs. 150/- on 01.03.2018 and submitted his representation dated 01.03.2018 which was received in this office on 05.03.2018. The applicant was supplied documents in respect of (i), (iii) & (iv) of Para No. 4 above. In respect of reply to Point No. (ii), the information was not available in this office and hence could not be supplied. He preferred an appeal to the First Appellate Authority on 23.03.2018. The First Appellate Authority disposed of the appeal with directions to furnish the copies of relevant rulings sought by the applicant free of cost within seven days. The First Appellate Authority further ordered that the points on which the appellant seeking clarification under both Points (i) &(ii) may also be furnished. The ruling copies were supplied on 26.04.2018. In order to address the grievance of the official, the official was informed on 26.04.2018 that to examine his request on modification in the Circle Gradation List, the PMG Visakhapatnam was addressed vide letter dated 20.04.2018 and the same will be examined on receipt of reply from the PMG Visakhapatnam.
6. However, on receipt of information from PMG Visakhapatnam on 27.07.2018, the grievance of the official was settled by re-arranging the seniority as per DOP&T OM dated 04.11.1992 i.e merit in the Direct Recruitment examination and informed to the PMG Visakhapatnam on 31.08.2018. As such the grievance of the official was also settled.
In view of the above, it is requested to close the second appeal preferred by the applicant to the Hon'ble Central Information Commission.
3. The Commission upon perusal of records finds that the information as sought was provided, however, the appellant has issues regarding his transfer, which was in violation of rules. In view of the above, the Commission advises the appellant to file a detailed representation before the CPMG and accordingly the CPMG is directed to provide action taken report along with status, within 10 days from the date of receipt of this Order. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
CIC/POSTS/A/2018/149526 Page 3