Central Information Commission
Sunil Pralhad Gaygol vs University Grants Commission on 5 July, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/UGCOM/A/2019/155394
Sunil Pralhad Gaygol ....अपीलकता /Appellant
VERSUS
बनाम
CPIO,
University Grants Commission,
RTI Cell, Bahadur Shah Zafar Marg,
New Delhi - 110002. .... ितवादीगण /Respondent
Date of Hearing : 01/07/2021
Date of Decision : 01/07/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 13/06/2019
CPIO replied on : 06/07/2019
First appeal filed on : 06/07/2019
First Appellate Authority order : 22/07/2019
2nd Appeal/Complaint dated : 12/11/2019
1
Information sought:
The Appellant filed an online RTI application dated 13.06.2019 seeking the following information:
Q. 1 "If the Assistant Professor Joining Date is March 2008, so which is the Annual Increment Date. (Please said the reference of UGC Regulation F.3- 1/2009, Dt. 30 June 2010).
Q. 2 - After the date of Joining, it is compulsory to completed the six month service to getting the first Annual Increment. If yes, Send Xerox copy. Q.3 Above Joining date(March 2008) and teacher getting the First Placement AGP 6000 to 7000 After Fiver years (March 2013- Because of candidate getting the Additional Qualification NET & M.Phil.), so which is the Annual Increment Date March 2013 OR July 2013. Q.4- Date of First Joining and after First Placement ( AGP 6000 to 7000) date can any time compulsory to completed the six months service to getting Annual increment. If yes, Send Xerox copy. Q. 5- UGC Regulation F.3-1/2009, Dt. 30 June 2010, can compulsory to teacher After first Joining and after First Placement is to same condition to getting Annual increment. If yes, Send Xerox copy. Q.6- After First placement, can compulsory to Six Month completed service to getting Annual increment. If yes, Send Xerox copy. Q. 7- After First Joining Six Month is compulsory to getting the Annual increment but after the First Placement can another time to completed Six Month to getting Annual increment. If yes, Send Xerox copy. Q.8 UGC Regulation F.3-1/2009, Dt. 30 June 2010, Can mentioned to after the teachers First (AGP 6000 to 7000) placement any time six (6) months service is compulsory to getting the Annual Increment. If yes, Send Xerox copy.
Q. 9. After the First placement in Due date/year, can authority to cancelled the Annual Increment in placement year due to the reason of six months service is not completed in AGP 7000/-. If yes, Send Xerox copy. Q.10. In such conditions, the rules of after placement any time six months service is to compulsory getting the Annual Increment, A big problem is Senior Teachers payment is lower than the Junior Teacher, So please tell this circumstances how to face it or solution of this problem., Send Xerox copy."
The CPIO replied to the appellant on 06.07.2019 stating as under:2
"Please refer Clause 10 of UGC Regulation, 2010. However, the date of annual increment may be fixed with the help of internal Audit Cell of University concerned."
Being dissatisfied that the CPIO did not reply to his questions in Yes or No, the appellant filed a First Appeal dated 06.07.2019. FAA's order dated 22.07.2019 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference. Respondent: Shashi Malik, Under Secretary & CPIO present through audio conference.
The Commission remarked at the outset that the information sought for in the RTI Application does not conform to Section 2(f) of the RTI Act as the Appellant has sought for clarifications and inferences to be drawn by the CPIO.
The Appellant intervened to state that he agrees with the observation of the Commission but he wants to highlight the misuse of certain regulations by UGC.
The Commission counselled the Appellant that the issue raised by him during the hearing is not amenable to the jurisdiction of the RTI Act and that he may pursue the grievances with UGC through proper channel.
At the behest of the Commission, the CPIO guided the Appellant to the available channels of grievance redressal and gave him the particulars of the concerned officer as well as the PG portal address to assist him in effectively pursuing the said grievance.3
The Appellant lamented that he has already filed 8 representations with UGC in the past three years seeking an answer to his grievances but to no avail and therefore he was compelled to file the instant RTI Application.
Having heard the Appellant's ordeal, taking an empathetic view in the matter, the Commission advised the CPIO to provide due assistance to the Appellant in the context of his 8 representations as per extant procedures and the Appellant was advised to provide the particulars of these representations to the CPIO.
Decision:
In view of the hearing proceedings, no action is warranted in the matter as far as the mandate of the RTI Act is concerned.
The Appellant is advised to pursue his grievance in the manner as advised by the CPIO during the hearing.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4