Central Information Commission
Mrrajesh Kumar Bansal vs Bharat Sanchar Nigam Limited on 12 May, 2014
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2013/000819/5091
12 May 2014
Relevant Facts emerging from the Appeal:
Appellant : Mr. Rajesh Kumar Bansal
House no. 800, Sector-44/A,
Chandigarh-160047
Respondent : CPIO & Addl. GM(MIS)
BSNL
(Corporate Office)
R. No. 29, IR Hall,
Eastern Court Complex, Janpath,
New Delhi-110001
RTI application filed on : 23/06/2012
PIO replied on : 05/11/2012
First appeal filed on : 31/07/2012
First Appellate Authority order : No Order
Second Appeal dated : 04/03/2013
Information sought:
The applicant has sought the following information/documents:-
(A) My request for continuity of pension scheme after joining BSNL through proper channel was sent vide my letter dated 19.11.2011 and forwarded vide Punjab circle letter no.
Staff/EQ-1354/P/10 dated 16.12.2011. Please provide the following:
1. What is the status on the request made?
2. Whether the change in the scheme for contribution to the pension fund after changing over to BSNL is allowed under the EPF & MP Act 1952 and its amendments if any, if same is detrimental to the interest of the employee?
3. Whether my request if unaddressed will be detrimental to my interests as above and with regard to the amount of pension payable to me after superannuation?
4. Whether I may be allowed to continue the EPF pension scheme subscribed during my posting at AAI and make contribution to the pension fund at the rate of 8.33 percent of the actual salary? If not, please provide a detailed reason.
5. Please also inform the reason for delay in making a decision.
6. Please provide the photo-copies of the note-sheets if the case has been put up, to enable me know the progress in the case.
(B) Please refer to my representation forwarded by Punjab Circle letter no. Staff/EG-2/DR DGM/PB/22 dated 30.08.2011 and no:34 dated 22.02.2012 and my request dated 18.01.2012 for protection of services conditions and my request dated 20.03.2012 for protection of pay and facilities and inform me:
1. Whether request made for protection of basic pay/pay fixation in respect of DR DGMs who have joined BSNL on 25.10.2010 through proper channel after resigning from government service or a public sector has been put up for consideration of the competent authority?Page 1 of 2
2. What is the status of the case on pay fixation in the cases as above?
3. What decision has been made on these cases?
4. Is the above case for pay fixation equivalent to the one considered as per SLDRR 2011 of BSNL Management Services vide letter no. 1-30/2011-PAT(BSNL) dated 03.01.2012? If not, please provide the reasons. If yes whether the matter has been put up under same terms?
5. Please provide the copies of the latest note-sheets of the file pertaining to the matter.
6. Please also inform whether seniority of the DR DGMs recruited under the BSNL MSRR 2009 has been fixed?
7. If not, please inform whether the DR DGMs who joined on 25.10.2010 will be senior to the ones who have been promoted on ad-hoc basis before 25.10.2010 but not on regular basis?
8. Please provide the detail of the policy governing the seniority and promotion of DR DGM vis-à-vis the other DGMs that is those who are promoted from the Group-B posts and the ITS-absorbed?
9. 9. Please also inform in detail on the plans as on date for further recruitment of officers or filling up the vacancies at middle management level in BSNL in view of the Delhi High Court judgment for completion of repatriation of unabsorbed ITS officers before 30.09.2012.
Grounds for the Second Appeal:
The CPIO has not provided the information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Harpal Singh appellant's representative through VC Respondent: Mr. H S Rawat ACPIO The appellant's representative stated that satisfactory response has not been provided to the RTI application dated 23/06/2012. The ACPIO contended that the information, as available on record, has been provided vide letter 17/05/2013 and the same has been duly received by the appellant. He explained that 44 officers who were recruited directly as DGM had given representations regarding pay protection and EPF contribution and the relevant note sheets have been supplied. The appellant's representative requested that inspection of records may be allowed.
Decision notice:
The CPIO is directed to permit the appellant to inspect the relevant records relating to his RTI application dated 23/06/2012 (both at Punjab circle and HQ, Delhi) and also allow him to take photocopies/extracts therefrom, free of cost, upto 15 pages within 30 days from the date of receipt of this order.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2