Central Information Commission
Mr.Surender Singh Saini vs National Institute Of Technical ... on 9 July, 2009
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Decision No. CIC/SG/A/2009/001335/4034
Appeal No. CIC/SG/A/2009/001335
Relevant Facts emerging from the Appeal:
Appellant : Mr.Surender Singh Saini
House No.: C-75, CSIO Campus,
Sector:30 C, Chandigarh-160030.
Respondent : Dr.Sunil Dutt & PIO
National Institute of Technical Teacher's Training & Research Ministry of HRD Sector-26, Chandigarh-160019.
RTI application filed on : 09/02/2009
PIO replied : 05/03/2009
First appeal filed on : 07/03/2009
First Appellate Authority order : Not replied
Second Appeal received on : 26/05/2009
Sr. Information sought PIO's reply
1. Can the services of a person appointed temporarily As per rules.
be regularized in any circumstances? If yes, a copy of notification/office memorandum in support of your information.
2. The Para 5 of "AICTE Notifications on service As per concerned rules.
conditions of Degree Level Technical Institutions"
states that the temporary vacancies at the level of lecturers may be filled on contract basis. Is a person appointed temporarily entitled to the following facilities which is applicable to a regular employee:
a) Pension/Provident Fund As per Central Civil
b) Earned Leave, Medical Leave or Maternity service (Leave) rules.
Leave
c) Medical Facilities As per CS(MA) Rules.
d) Benefit of Previous service for purposes of Leave, Pension, Provident Fund, etc.
e) Group Linked Insurance Scheme. As per rules.
3. Can a person continue on the post after one year in As per rules.
any circumstances? If yes, state the circumstances and also a copy of notification/office memorandum in support of your information.
4. Can a person appointed temporarily continue on the As per rules.
post after the joining of the regularly selected candidate on that post? If yes, state the circumstances and also a copy of notification/office memorandum in support of your information.
5. Is a person appointed temporarily eligible for As per rules.
incentives for higher qualification M.Tech. If yes, a copy of notification/office memorandum.
6. Is a person appointed temporarily eligible for Career As per rules.
advancement scheme? If yes, a copy of notification/office memorandum.
7. Is a person who is shortlist for interview because of As per rules.
his higher qualification M.Tech. eligible for any incentives for that higher qualification? If yes, a copy of notification/office memorandum.
Grounds for First Appeal:
The Appellant had asked the information about the provisions in the service rules related to the "Temporary vacancies against leave/lien" but PIO has mentioned "As per rules" in reply of all information asked by the Appellant. Also, PIO has not supplied any supporting documents in support of the information.
Order of the First Appellate Authority:
Not replied.
Grounds for Second Appeal Incomplete and misleading information has been provided by the PIO and the FAA has not supplied the information being the information is not covered under the provisions of RTI Act, 2005.
Relevant Facts emerging during Hearing: The following were present Appellant: Mr.Surender Singh Saini Respondent: Dr.Sunil Dutt, PIO and Mr. K.L.Singla-Sr. (AO) The appellant had actually sought clarification and interpretation of rules. The PIO has provided the answer that the actions are taken as per rules. The appellant is not seeking information as defined under Section 2(f) of the RTI Act.
Decision:
The appeal is dismissed.
The appellant is not seeking information as defined under Section 2(f) of the RTI Act.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this order will be provided free cost as per Section 7(6) of RTI Ac.
Shailesh Gandhi Information Commissioner 9 July 2009 (In any correspondence on this decision, mention the complete decision number.) (AK)