Dated 04-09-2007

Name of the Complainant:
Shri Biren Neog, Head Teacher,
Bargila Na-pam Sundarpur Primary School, Sivasagar.

Name of the Public Authority:
Director, Elementary Education, Assam

The following were present:
Sri Biren Neog

The complaint present. Both the Director of Elementary Education, Assam as well as the District Elementary Education Officer, Sivasagar absent with the prayer received only on 4.9.07 that they could not attend the hearing as they were to attend State Level Teachers’ Day Programme to be held today at Jorhat where the Chief Minister, Assam and the Education Minister, Assam were to grace the occasion.

However, the Commission decided to hear the submission of the complainant who had come from Sivasagar to attend the hearing as he could not be informed that the public authorities have requested for postponement of hearing.

Brief of the case
The complainant Sri Biren Neog, Headmaster ( First Founder Teacher) of Bargila Na-Pam L.P. School, Sivasagar submitted an application before the Chief Information Commissioner which was received on 8.5.07 stating that he was not getting salary since December 2005 till date as the founder headmaster of the school.

The petition of Sri Neog was transferred by the Secretary of the Commission on 17.5.07 under section 6 (3) of RTI Act, 2005 to the Director of Elementary Education, Assam for furnishing information. However, on 11.7.07 the Commission received another application from Sri Neog complaining that he did not receive any information from the Director of Elementary Education, Assam. Accordingly the Commission decided to issue notice to the Director of Elementary Education, Assam and the District Elementary Education Officer, Sivasagar under section 18 (2) of the RTI Act, 2005 to appear before the Commission with all the details / records concerning the complaint of Sri Neog. Hence this case.

Submission of the parties
The complainant submitted before the Commission that he was the first founder teacher / headmaster of his school. He was receiving his salary regularly up to December 2005 after his school was provincialised on 19.11.1991. But his name did not figure in the list of the first founder teachers notified by the Education Department in March 2007 and he had not been getting his salary since December 2005 while other first founder teachers whose services were retained by the department for a period of one year up to 20.2.04 have been getting salary now on the strength of the Government order issued in March 2007.

He approached the Block Elementary Education Officer, Sivasagar who on 26.3.07 wrote to the District Elementary Education Officer, Sivasagar clearly stating that his name was dropped in the list received from the Director of Elementary Education, Assam in March, 2007. He clarified that Shri Pranab Phukan, Headmaster (first founder teacher) and Smt. Anjurani Bharalua, Headmistress (first founder teacher) were included in the list of normalized teachers and hence Sri Biren Neog and Sri Hiteswar Gogoi should be included in place of Sri Pranab Phukan and Smti Anjurani Bharalua in the list of 2007. The complainant submitted photocopies of the documents in respect of Smt Anjurani Bharalua and Sri Pranab Phukan whose services were already converted from plan to non plan posts vide order of the Director of Elementary Education Assam Memo No EAA/75/96/12 dated 17/9/98. The complainant also submitted a photocopy of the order of the Deputy Inspector of Schools, Sivasagar regarding the retention of the 58 nos. of first founder teacher posts for one year (1.3.03 to 20.2.04)

Decision of the Commission
In view of the absence of Director of Elementary Education, Assam and the District Elementary Education Officer, Sivasagar the Commission decided not to pass any order without hearing them. However, they are directed to bring all the connected records in this regard to be shown to the Commission for inspection.

Next hearing fixed on 28.9.07 at 11.30 hours. The Secretary of the Commission will issue notices to all the parties.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.


Sd/ (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy

(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

CC:
1. The Director of Elementary Education, Kahilipara, Guwahati, Assam.
2. The District Elementary Education Officer, Sivasagar.
3. Shri Biren Neog, Head Teacher, Bargila Na-pam Sundarpur Primary School, Sivasagar
4. DIPR, Assam.
5. MD, AMTRON.
6. Office File


Secretary
State Information Commission, Assam