Central Information Commission
Shri Jagat Ram vs Social Welfare Department on 25 May, 2009
CENTRAL INFORMATION COMMISSION
F. No. CIC/LS/A/2009/000335
(Hearing at UT Guest House, Chandigarh)
Appellant : Shri Jagat Ram,
Public Authority : Social Welfare Department
(through Shri Gian Chand, Research Officer &
Shri Raman Sharma, Research Assistant)
Date of Hearing : 25.5.2009
Date of Decision : 25.5.2009
Facts :
The matter, in short, is that the Govt. of India had introduced 100 point vacancy- based roaster for recruitment and promotion in its establishments. Later on, the Govt. of India introduced 200 point post-based roaster on 2.7.1997. In the new system, 7th, 14th, 20th vacancies etc are required to be filled up by SC candidates. The appellant is a Field investigator in the Labour Department of U.T. Chandigarh. There are only two posts each of Labour Inspector of Grade-I & Grade -II. The appellant is already getting salary higher than that of Labour Inspector Grade -II. If promoted, he will get the scale of Labour Inspector Grade-I. The question that he has posed is whether he is eligible for promotion as Labour Inspector Grade-I as per newly introduced post-based roaster system against the existing vacancy of Labour Inspector Grade-I.
2. It is the submission of Shri Gian Chand that the promotions are to be regulated by the post-based roaster. He has produced before me Swami's compilation on Reservations & Concessions, page 11 whereof contains the model roaster of reservation with reference to posts. According to Shri Gain Chand, only the 7th post in the roaster would go to an SC candidate.
3. On the other hand, Shri Jagat Ram has drawn the Commission's attention to O.M. No. 36012/2/96-Estt.(Res) dated 2.7.1997 in which, it is, interalia mentioned as follows:-
"The court further held the vacancy based roasters can operate only till such time as the representation of persons belonging to the reserved categories in a cadre reaches the prescribed percentage of reservation".
It is the appellant's submission that the backlog of vacancies in a given cadre can not be ignored and must be the takenin to consideration while determining whether a particular vacancy should go to General Category or SC Category.
4. To this Shri Gian Chand would draw Commission's attention to the fact that he had sought clarification from the MHA, which, vide their letter dated 6.10.2004, had advised that " Backlog reserved vacancy should be determined on the basis of post based roaster introduced by Department of Personnel & Training OM dated 2.7.1997".
5. It is not for the Commission to go into the merit of the rival contentions. The Commission's only concern is that information is provided to the appellant as per law. From the record, it is evident that RTI application dated 11.7.2008, wherein the above mentioned issues have been raised, was responded to by CPIO vide letter dated 4.8.2008. The appeal was decided by the Appellate Authority vide order dated 31.10.2008. As the above decisions have gone against the appellant, he is not satisfied with them and requests that a request may be made to the Home Secretary, UT of Chandigarh to review the matter and pass appropriate orders so that justice is done to him.
DECISION
6. The Commission sees no harm in accepting the suggestion of the appellant and requests Home Secretary, UT of Chandigarh, to review the matter and pass appropriate orders, on the administrative side.
7. The matter is disposed of accordingly.
Sd/-
(M.L. Sharma) Central Information Commission Authenticated true copy, Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission (K.L. Das) Assistant Registrar