The CIC said teachers in Kendriya Vidyalaya are being treated like workers on daily wages and are not given copies of their appointment or termination letters. This is indeed a reprehensible state of affairs. This is the 132nd in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application
The Central Information Commission (CIC), while dismissing an appeal, voiced its strong disapproval at treating schoolteachers in Kendriya Vidyalaya like a worker on daily wages and that too without giving a copy of their appointment letter.
While giving this judgement on 15 July 2009, Shailesh Gandhi, the then Central Information Commissioner said, “This is indeed a reprehensible state of affairs and government schools paying Rs5,000 per month to a school teacher who is treated as a daily rated worker cannot be conducive for providing education.”
Pulgaon (District Wardha, Maharashtra) resident Indrayani D Mesharam, on 9 January 2009, sought information about her appointment letter from the Public Information Officer (PIO) Kendriya Vidyalaya at Pulgaon Camp. Here is the information she sought under the Right to Information (RTI) Act and the reply given by the PIO...
1. Certified Xerox of appointment order of appellant.
PIO's reply: Offer letter was issued vide our office letter dated 26/06/2008, which was accepted by appellant after reading and understanding the terms and conditions mentioned therein.
2. Certified Xerox of termination order of appellant.
PIO's reply: As per offer letter dated 26 June 2008, terms & conditions Sr. No. 3 & 4, offer was purely on day-to-day basis. Appellant's service was terminated as her work was found not satisfactory. As the appointment is of day-to-day nature, no termination order was issued.
3. Information about payment of September 2008. Not yet paid.
PIO's reply: The payment of September 2008 had already been credited in the account of appellant on 17 January 2009, Rs1,833.
4. Certified Xerox of muster roll containing sign of appellant from 26 June 2008 to 30 September 2008.
PIO's reply: Xerox copy of muster roll of appellant was attached.
5. Experience certificate of appellant.
PIO's reply: As the work of the candidate had been found unsatisfactory, no experience certificate can be issued.
Not satisfied with the PIO’s reply, Mesharam, filed her first appeal. In the appeal, she stated that certified copies of her termination letter and experience certificate were not issued and no proper information was provided by the PIO.
There was no mention of any order passed by the First Appellate Authority (FAA).
Mesharam, then approached the CIC with her second appeal. In her appeal, she stated...
1. Wrong and objectionable information was provided.
2. Not issued appointment order. Only sign taken and order kept herself.
3. Termination order was not given.
During the hearing, the PIO stated that copy of the offer letter was sent to Mesharam on 19 March 2009. He also stated that the school did not have a practice of giving letters of appointment to the teachers. “The letters of appointment are made and the signatures are taken but the letters are not given to the teachers. And from the present session the letter are being given,” the PIO said.
Mr Gandhi, the then CIC, said, “It is a very sad comment that a school treats teachers in this cavalier manner. The Commission voices it very strong disapproval on such practices.”
The copy of the acceptance of the offer, which the teachers are made to sign states, “I shall not claim any payment over and above that. I am also aware that my services will be utilized by you on day to day basis depending upon the need which may vary on day to day basis. In case I am engaged by you for a few periods, I shall neither claim regularization in the services nor claim appointment as a teacher in KVS.”
The PIO stated that the school was under instructions from the Headquarters to ensure that certain teachers are kept on contractual daily rated basis and these teachers are not repeated next year to ensure that they cannot claim any regular job. The format for the offer letter and acceptance letter is sent by the Headquarters at the KVS, the PIO said.
While dismissing the appeal, Mr Gandhi said, the appellant had stated in her appeal that no appointment letters are issued; teachers are harassed mentally and the school gives no termination letters. “This is indeed a reprehensible state of affairs and government schools paying Rs5,000 per month to a school teacher who is treated as a daily rated worker cannot be conducive for providing education,” the Commission said.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/A/2009/001401/4144
Appeal No. CIC/SG/A/2009/001401
Appellant : Indrayani D Mesharam,
Pulgoan, Tal. Deoli, Distt Wardha, Maharashtra
Respondent : KA Vijaydas,
Kendriya Vidyalaya Pulgaon Camp
Distt Wardha, Maharashtra 442302