RTI Judgement Series
RTI Judgement Series: Kendriya Vidyalaya treats teachers in cavalier manner

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

http://rti.india.gov.in/cic_decisions/SG-15072009-14.pdf

Appeal No. CIC/SG/A/2009/001401

 

Appellant                                                     : Indrayani D Mesharam,

                                                                         Pulgoan, Tal. Deoli, Distt Wardha,                                                                                                 Maharashtra       

 

Respondent                                                : KA Vijaydas,

                                                                        PIO

                                                                       Kendriya Vidyalaya Pulgaon Camp

                                                                       Distt Wardha, Maharashtra 442302

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RTI Judgement Series: Unavoidable and designed harassment due to unproductive procedures
This is another case of harassment of retired employees, where the employee had expired and his wife and son were running from pillar to post. This is the 131st 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 allowing an appeal, said, that the employee had expired and his wife and son were running from pillar to post to obtain information about the assured career progression (ACP) scheme, which should have been granted to the deceased about 10 years back.
 
While giving this judgement on 7 August 2009, Shailesh Gandhi, the then Central Information Commissioner said, “This is again a case where the inefficient working of public authorities leads to harassment of people who have retired from service.”
 
Delhi resident Ravi Aggarwal, on 19 December 2008, sought information on the retirement dues of Deepak Aggarwal from the Public Information Officer (PIO) at the office of deputy director of education in Delhi. Here is the information he sought under the Right to Information (RTI) Act and the reply given by the PIO...
 
1. Intimate the date of appointment of late Shri Deepak Aggarwal, who was worked as trained graduate teacher (TGT) in Government Girls Senior Secondary School, B-Block, Yamuna Vihar, Delhi-53 and expired on 17 June 2001
PIO's Reply: Date of appointment of late Shri Deepak Aggrawal was 12 October 1970
 
2. Intimate the date of 2nd financial upgradation granted to him under the old assured career progression (ACP) scheme.
PIO's Reply: The 2nd financial up gradation under ACP scheme is yet to be granted … 9 August 1999 
 
3. If not granted, intimate the reason thereof.
PIO's Reply: The file is under process
 
4. Intimate the name of the officer, who is responsible for the same.
PIO's Reply: ACP is granted by Head of Department (ACP Cell) 
 
5. Intimate what action has been taken against that officer?
PIO's Reply: Case is still under consideration
 
6. Intimate within how much time case of granting him 2nd financial upgradation under the old ACP Scheme would be finalized.
PIO's Reply: Case is being finalized by ACP Cell whenever they fix up the date
 
Citing that the PIO has not given specific information about point 3 to 6, Aggarwal filed his first appeal. In his order, the First Appellate Authority (FAA), mentioned that PIO supplied the required information to the appellant.
 
Aggarwal then approached the CIC with his second appeal stating that the PIO had furnished incomplete and incorrect information.
 
During the hearing, Mr Gandhi, the then CIC noted that the appellant (Aggarwal) was seeking details of ACP, which should have been granted about 10 years back. The employee had expired and his wife and son were running from pillar to post. The appellant claimed that around Rs50,000 is likely to be due. 
 
The PIO admitted that there was needless chain of procedures which go on for years creating work for officers without any productive outcome. This leads to an unavoidable and designed harassment of senior citizens and their families, the PIO stated.
 
While allowing the appeal, the CIC then directed the PIO to give the status of the ACP to the appellant before 20 August 2009.  
 
 
CENTRAL INFORMATION COMMISSION
 
Decision No. CIC/SG/A/2009/001657/4385
Appeal No. CIC/SG/A/2009/001657
 
Appellant                                         :          Ravi Aggarwal  
                                                                       Delhi - 110092
 
Respondent                                      :          Sushila Ahlawat
                                                                       APIO
                                                                       O/o The Dy. Director of Education, 
                                                                       District North East, RTI Cell,
                                                                       Yamuna Vihar, Delhi
 

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RTI Judgement Series: How retired employees made to run from pillar to post for dues

The CIC directed the deputy director of education department to provide information to the appellant about the delay and action taken against persons responsible for it. This is the 130th 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 allowing an appeal, said, that the appellant was rightly agitated since she had been made to run from pillar to post to get her legitimate retirement dues. The Commission also directed the deputy director of education department to provide information about the delays, persons responsible for it and action taken against those responsible for the delay in providing retirement dues.

 

While giving this judgement on 7 July 2009, Shailesh Gandhi, the then Central Information Commissioner said, “A society and the Government that proclaims special treatment to senior citizens must find ways of ensuring a dignified retirement for those who have served society.”

 

Delhi resident husband and wife Nishchint, on 17 February 2009, sought information on her retirement dues from the Public Information Officer (PIO) of Balvantray Mehta Vidya Bhawan, Senior Secondary School of Servants of the People Society. Here is the information they sought under the Right to Information (RTI) Act and the reply given by the PIO...

 

1. What is the status of Appellant's file of retirement?  The daily progress report of his file.  

PIO's reply-

  • Retirement papers were submitted to Account Officer, Distt. South on 12 November 2008 after fixation of Pay as per VI Pay Commission Report.
  • File as re-submitted on 5 December 2008 after rectification of pension as per new rule. 
  • Department of Education verified all the documents and asked to deposit Pension Contribution Rs2,847 to PAO-II, RK Puram, which was deposited on 25 February 2009.

 

2. What is the procedure for disbursement of retirement benefits such as Gratuity, insurance, Leave encashment and disbursement of pension?  

PIO's reply- The procedure for disbursement of retirement benefits is that the papers are forwarded to the respective DDE, who in turn forwards to the respective PAO, who makes the payment.  After disbursement of the benefits, Leave Encashment is calculated at School level as & when the Service Book of the employee is returned by the PAO.

 

3. Name and Number of teachers/principals retired during the last five years from 01.01.2004 to 31.12.2008 from BR Mehta Vidya Bhawan Senior Secondary School Lajpat Bhawan. 

PIO's reply- Name of the teacher/Principal who retired during the period 01/01/04 to 31/01/2008 are detailed below:-

 

Sl No

Name

Date of retirement

Date of payment of DCRG & Pension

1

Mr RS Dass

30/04/2004

18/07/2004

2

Mrs Kamlesh Sharma

31/12/2005

14/02/2006

3

RK Gupta

31/01/2007

12/03/2007

4

Mrs Satish Narang

31/08/2007

15/02/2008

5

JB Singh     

31/10/2007

25/02/2008

6

Mrs Sushma Lamba

31/12/2007

04/05/2008

 

4. Number of days taken by school administration in paying their retirement benefits including PF, Gratuity, insurance, Leave encashment and disbursement of pension.  

PIO's reply- School Administration sent the papers for the payment of retirement benefits to Department of Education in time for further procession.  School Administration cannot comments on the numbers of days taken by the DDE/PAO.  In this case, School Administration forward Appellant's papers to DDE on 13 November 2008 after fixation of the Pay as per VI Pay Commission norms.

 

5. What is the maximum limit for paying retirement benefits? 

PIO's reply- We cannot Comment.

 

6. Whether the time taken by the school administration in each case was according to the prescribed rules.  If not, who is responsible for the delay in each case?       

PIO's reply- Time taken by School in each case is as per norms.

 

7. Whether any action has been taken by the school administration or by the concerned office against the delaying officer/staff.         

PIO's reply- There has been no delay on part of School Admn., hence no action was required.

 

Not satisfied with the PIO's reply, the Nishchints filed their first appeal. In the appeal, they stated....

"Regarding Query no. 1- Daily progress report of Appellant's file has not been sent to the Appellant.

Query No. 2- Provide suitable reply of the question.

Query No. 3- There has been a delay of two months and 17 days to up to six month in each case as indicated in reply at query no. 3.  If this be the reply then why after 106 days of Appellant's retirement dues have not been paid.  There is a delay either in the office of deputy director of education (South) or there may be some corrupt practices going on in PAO for unnecessarily harassing the retired teachers/staff for getting their retirement dues…..

Provide the requisite reply."

 

There was no reply from the First Appellate Authority (FAA) for over a month. After this, the Nishchints approached the CIC with their second appeal.

 

During the hearing, Mr Gandhi, the then CIC, noted that the appellant had submitted the RTI before all the PIOs and the deputy director of the education (South). The PIO should have answered queries 5 and 7 but failed to do so, while the school has supplied the information on the balanced points, he said.

 

He added, "The Appellant is rightly agitated since she has been made to run from pillar to post to get her legitimate retirement dues. It is a sign of complete insensitivity and lack of basic courtesy towards an employee who has served for a long time and on retirement has to go begging from pillar to post to get her legitimate dues."

 

While allowing the appeal, the Commission then directed the PIO and deputy director of education (south) to provide the information on points 5 and 7 before 23 July 2009.

 

CENTRAL INFORMATION COMMISSION

 

Decision No. CIC/SG/A/2009/001320/4016

http://rti.india.gov.in/cic_decisions/SG-07072009-05.pdf

Appeal No. CIC/SG/A/2009/001320

                                                                  

Appellant                                           : Nishchint

                                                                Delhi

                                                           

Respondent                                       : Lalita Kharabanda

                                                            Principal & PIO

                                                            Balvantray Mehta Vidya Bhawan

                                                            Sr. Sec. School of Servants of the

                                                            People Society (Delhi Branch)

                                                            Lajpat Bhawan, Lajpat Nagar IV,

                                                            New Delhi-110024

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