Central Information Commission
Mr.Mohan Lal Prajapat vs Department Of Public Enterprises on 17 June, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/002847
Dated: 17.06.2013
Name of Appellant : Shri Mohan Lal Prajapat
Name of Respondent : Department of Public Enterprises,
Date of Hearing : 22.05.2013
ORDER
Shri Mohan Lal Prajapat, hereinafter called the appellant has filed the present appeal dated 27.6.2012 before the Commission against the respondent Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises, New Delhi for not providing complete and satisfactory information in response to his RTI application dated 25.1.2012. The appellant was absent whereas the respondent were represented by Shri M. Subbarayan, Director.
2. The appellant who retired as Manager from Food Corporation of India (FCI), through his RTI application dated 25.1.2012 addressed to the CPIO, Department of Expenditure has sought information on six queries pertaining to payment of gratuity, to the employees following CDA pattern scales of pay, specifically in Food Corporation of India. The Department of Expenditure transferred the RTI application to the CPIO, Department of Public Enterprises vide letter No. 11(65)/2012-RTI dated 2.2.2012 for providing information on Point No., 3 of his RTI application in which the appellant sought "Whether BPE/DPE has looked into the aspect of Section 4(3) of PGA 1972 on IDA pattern employees of Food Corporation and other PSEs while issuing circular No. 2 Case No. CIC/SS/A/2012/002847 2(70)08-DPE(WC) dated 26.11.2008 while raising ceiling of gratuity to Rs. 10.00 lakhs w.e.f. 1.1.2007 even if the ceiling under the Act was Rs. 3.40 lakhs under Section 4(3)". The CPIO vide letter No.3(21)/2012-DPE (WC) dated 5.3.2012 provided the following information to the appellant: "1. He may inspect the files as indicated by him in the afternoon on 13.3.2012; (2)(1) For the purpose of Gratuity, employees of CPSEs are covered under the provisions of the Payment of Gratuity Act, 1972; (2) Provisions of the Payment of Gratuity Act 1972 apply to all CPSEs. Ministry of Labour & Employment is administrative Ministry concerned with the Payment of Gratuity Act, 1972; (3) Para '13' of DPE O.M. dated 26.11.2008 is based on Government's decision on the recommendation of 2 nd Pay Revision Committee (PRC) headed by Justice (retd.) M.J. Rao of Supreme Court. With regard to the issue of Gratuity, 2nd PRC recommended that there should not be upper ceiling limit. However, Government did not accept this recommendation and restricted the ceiling to Rs. 10 lakh in respect of the executives and non-unionized Supervisors of CPSEs w.e.f. 1.1.2007; (4) Inter- Ministerial Consultation on the recommendation of the 2nd PRC has been done; (5) A copy of the CPSEs which were party to the Supreme Court order dated 3.5.1990 provided. Further, CPSEs having IDA/CDA employees can be seen in PE Survey 2009-10, which is available at www.dpe.nic.in". The appellant vide his letter dated 22.3.2012 inspected the relevant records requesting for copies of the desired information. The CPIO, DPE provided the required copies of documents.
3. Not satisfied with the reply of the CPIO, the appellant preferred first appeal before the FAA. The FAA vide his order No. 3(21)/12-DPE(WC) dated 1.6.2012 upheld the reply of the CPIO.
4. In his second appeal filed before the Commission, the appellant states that he served FCI w.e.f. 3.7.1967 to 31.10.2006. He has been paid wage revision benefits as per 6th Pay Commission recommendations w.e.f. 1.1.2006 to 31.10.2006 but Gratuity payment has been restricted to Rs. 3 lakhs only. FCI and 3 Case No. CIC/SS/A/2012/002847 Ministry of Food & PD have recommended payment of Gratuity to enhanced limit of Rs. 10 lakhs but DPE has not cleared the proposals on the pretext of amendment of PG Act w.e.f. 24.5.2010. The CDA pattern employees are running from pillar to post for redressal but are not being heard. RTI is the only hope and after receiving reply to the para 2(6) and 3 further action will depend on his part and on the part of his fellow employees.
5. During the hearing the respondent CPIO filed his written submissions as follows:
• Pay revision in CPSEs is dependent mainly on affordability of respective CPSE. Employees working in CPSEs do not have the same status as the employees of Central Government. Salary and pay structure of the employees of Food Corporation of India (FCI) are being decided with the approval of Department of Expenditure and DPE.
• Further, the employees of CPSEs are governed by the provisions of Payment of Gratuity Act, 1972. In case of Central Government employees, the ceiling of gratuity was enhanced to Rs. 3.50 lakhs w.e.f. 1.1.1996 under the CCS (Pension) Rules, 1972 based on the order issued by the Department of Pension and Pensioners Welfare. This is, however, not applicable to employees of PSEs. In case of CPSE's employees, the ceiling of gratuity upto Rs. 3.50 lakhs is under implementation w.e.f. 24.9.1997 based on the amendment in the Payment of Gratuity Act, 1972.
• In case of Central Government employees the ceiling of gratuity was enhanced fro Rs. 3.50 lakhs to Rs. 10 lakh w.e.f. 1.1.2006. In case of CPSE's employees following Industrial Dearness Allowance (IDA) pattern scales of pay, the ceiling of gratuity was enhanced from Rs. 3.50 lakh to Rs. 10 lakh w.e.f. 1.1.2007.As per amendment in the Payment of Gratuity Act, the effective date of enhanced ceiling of gratuity from Rs. 3.30 lakh to Rs. 10 lakh is w.e.f. 24.5.2010. DPE accordingly issued the order dated 2.6.2010 for the benefit of employees in CPSEs following CDA pattern scales. CDA pattern of employees of CPSEs can switch over to IDA pattern of pay scales in view of DPE O.M. dated 12.6.1990 read with O.M. dated 10.8.2009. The Hon'ble Supreme Court in its order dated 3.5.1990 did not agree to payment of gratuity to employees in CPSEs following CDA pattern scales on the liens of Central Government employees. The order of Supreme Court was based on the report of High Power Pay Committee (HPPC) headed by Justice R.B. Misra, retired Judge of Supreme Court.
• Ministry of Labour & Employment is the administrative Ministry in respect of Payment of Gratuity Act, which is also applies to the employees of CPSEs. Further, the provisions of DPE O.M. dated 2.6.2010 applies to all the CPSEs including FCI. The appellant has been provided all information available with the DPE.
• It appears that the appellant instead of seeking information is asking for the Government to frame the policy in a particular manner to suit him.
4 Case No. CIC/SS/A/2012/0028476. The appellant has perused the relevant files and procured the desired copies of documents. The subject matter of the RTI application is a kPolicy decision taken by the respondent public authority. There is no information or document that has been denied to the appellant. There is no reason for the Commission to issue any directions in the matter.
The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Mohan Lal Prajapat, 106/110, Ashok Marg, Agrawal Farm, Mansarovar, Jaipur-302020.
The CPIO, Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises, Public Enterprises Bhawan, Block No. 14, CGO Complex, Lodhi Road, New Delhi-110003.
The First Appellate Authority, Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises, Public Enterprises Bhawan, Block No. 14, CGO Complex, Lodhi Road, New Delhi-110003.