Central Information Commission
Ujjwal S Tiga vs Department Of Telecommunications on 20 June, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DOTEL/A/2024/112817
Shri Ujjwal S Tiga ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Department of Telecommunications ...प्रनतवािीगण /Respondent
Date of Hearing : 18.06.2025
Date of Decision : 18.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 23.11.2023
PIO replied on : 19.12.2023
First Appeal filed on : 12.01.2024
First Appellate Order on : 13.02.2024
2 Appeal/complaint received on
nd : 29.04.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 23.11.2023 seeking information on the following points:-
"1. Present status & action taken towards representation (Ref. No. AIVTEA/2023 - CS Pension dated 06.09.2023 which is addressed to Secretary DoT) of the All India VSNL/TCL Emp. Association regarding Combined Service Pension (service rendered in Central Govt.+ PSU) to OCS/VSNL's Employees.
2. Please Supply the complete noting part during the process in this regard as mentioned above in the point no. 1.
3. Please Supply the copy of the letters / correspondences / communications in- between DOT, Ministry of communications and DOPPW, Government of India or any other agency/ministry. i.r.o. representation (Ref. No. AIVTEA/2023 - CS Pension dated 06.09.2023) by the All India VSNL/TCL Emp. Association.
4. On which year MTNL, VSNL & AAI (CAD) converted PSU from Govt. Department.
5. Whether separate Presidential order issued to each organisation as mentioned above in the point no. 4.
6. Please Supply certified copy of the Presidential orders in this regards as mentioned above in the point no. 5."
The CPIO, Director (PSU-III) vide letter dated 19.12.2023 replied as under:-
"1 to 3-The representation dated 06-09-2023 was recorded, because the matter is already decided by the Hon'ble Court vide order dated 15-03-2019 in SLP (C) 10663/2016.Page 1 of 3
5.-RTI Act does not cover the queries/interrogative question. Hence, it can't be provided.
"Queries/interrogative are not covered under the definition of information under Section 2(f) of the RTI Act, 2005. Act does not cast obligation to answer queries/interrogative question, with prefixes such as way, what, when and whether. RTI Act does not require the PIO to deduce conclusion from the material and supply the conclusion from the material in the form as held by the Public authority, Such queries/interrogative are not information under Section 2(f)."
46 to 8- The information may be gathered directly from the respective organization 9 to 10- The applicant may approach the Department of Pension & Pensioner's Welfare for information related to Combined Service Pension.
11.- No such proposal under consideration in this Section."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 12.01.2024. The FAA, DDG (SU) vide order dated 13.02.2024 replied as under:-
"Point 1, 2 & 3: Hon'ble Apex Court vide its Order dated 28.01.2021 (copy enclosed) in Civil Appeal Nos. 233-244 of 2021 arising out of SLP (C) Nos. 5849- 5860 of 2018 has upheld that Rule 37-A as it stood in the year 1989 did not contemplate clubbing of service rendered by a person under a department of Central Government with that under a Public Sector Undertaking. Hon'ble Court has further upheld that Rule 37-A which was substituted in the year 2000 would not thereafter be the governing principle to consider the relationship between the parties as on the date when the services were absorbed in VSNL. Further, the understanding of the situation in relation to the interpretation of OM dated 05.07.1989 and its applicability has already been decided by the Hon'ble Apex Court in its Judgement dated 05.03.2019 in SLP (C) 10663/2016 (copy enclosed).
Further, the Apex Court has ruled that the case of the appellants being government servants prior to their absorption in VSNL, with less than 10 years of qualifying service were not entitled to receive pensionary benefits either under the CCS(Pension) Rules 1972 or under the clause (a) & (b) of the office memorandum.
Point 4 to 8, 10 &11: The reply of CPIO dated 19.12.2023 seems appropriate in this regard."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 10.06.2025 has been received from the CPIO reiterating the information furnished by the PIO and the FAA and elaborated upon the supreme Court order dated 28.01.2021 in Civil Appeal Nos. 233-244 of 2021 arising out of SLP(C) Nos. 5849-5860 of 2018. Furthermore, the Respondent has stated as under:
"..8. It is pertinent to mentioned here that again, a case on the above-matter namely O.A. No.1198/2025 has been filed by General Secretary, All India VSNL/TCL Employees' Association & Ors. in CAT PB, New Delhi and the same is sub-judice in the court.
9. In this regard, it may be noted that the applicant had earlier sent two RTI applications dated 28.02.2024 a n d 06.03.2024 seeking similar Page 2 of 3 information/documents on the subject matter relating to Combined Service Pension. And both the aforesaid RTI applications were replied to by the CPIO concerned vide DoT letter dated 12.03.2024. However, the applicant filed 1st appeal dated 06.04.2024 in the matter which was replied by the Appellate Authority vide DoT letter dated 24.05.2024. Here it may be observed that the applicant keeps seeking similar information on the subject matter repeatedly after some period of time.
10. Thus, the information sought by applicant, Shri Ujjwal S. Tiga has already been replied to by the concerned CPIO, i.e. Director (PSU.III) and by the then 1st Appellate Authority, i.e. DDG(SU), DoT. Therefore, in view of this, it is humbly submitted that the appeal may kindly be considered for closure. A copy of the written submission has been duly sent to the Appellant. Written submission dated 06.06.2025 has been received from the Appellant alleging that correct and complete information has not been provided by the Respondent stating that: "the matter relates to Combined Service Pension (Govt.+PSU jointly) to be paid by Tata Communication Ltd.(earlier central PSU VSNL) to the erstwhile employees of OCS/VSNL (now Tata Communication Ltd. -TCL) but CPIO of DoT & BSNL are purposely not provided the complete & correct information of our RTI application under the pressure of management of Tata Communication.."
Hearing was scheduled after giving prior notice to both the parties. Appellant: Not present Respondent: Shri Rakshpal Giri - CPIO, Director was present during hearing. The Appellant declined to join even audio conference. The Respondent reiterated contents from the PIO's reply stating that information available on record had been duly furnished to the Appellant. It was also contended by the Respondent that the Appellant has been contesting the same subject matter about Combined Service Pension repeatedly despite the judgement on this issue by the Apex Court.
Decision:
Perusal of records of the case reveals that the information available on record with the public authority and defined as information under Section 2(f) of the RTI Act, has been duly provided to the Appellant. Since the response of the PIO is found legally appropriate and the Appellant has chosen not to contest the case, no further intervention is deemed necessary in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)