Dated 28-09-2007

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:
1. Sri U.C. Das Dy. Director, Ele Education
2. Md. Abdul Jalil (DEEO, Sivasagar)
3. Sri Krishna Misra, Registrar
4. Sri Biren Neog

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.

On the last date of hearing (i.e. 4.9.07) both the Director Elementary Education, Assam and the District Elementary Education Officer, Sivasagar were absent showing cause. Hence the Commission fixed 28.9.07 for hearing of the case. Hence this case

Submission of the complainant
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).

The DEEO, Sivasagar stated that he had already submitted the proposal vide his letter dated 24.9.07 to the Director, Elementary Education, Assam for substituting the name of Smti Anjurani Bharalua, Assistant teacher of Parijat L.P. School by Sri Biren Neog of Bargila Na-Pam L.P. School, Sivasagar as she had already been absorbed in the existing vacancy caused due to expiry of Late Bhubaneswar Deori of Sapekhati L P School.

The Deputy Director of the Directorate of Elementary Education also produced the records relating to the normalization of plan posts to non-plan posts and showed the name of Smt Anjurani Bharali and submitted that there was a typographical mistake in the name. The name should have been Smt Anjurani Bharalua instead of Smt Anjurani Bharali and hence the DEEO, Sivasagar was asked to submit a detailed proposal clearly pointing out the mistake in the name of Smti Anjurani Bharalua which appeared as Smt Anjurani Bharali in the list of Assistant Teachers normalized by the Government.

The Deputy Director of the Directorate of Elementary Education informed that as the Director of Elementary Education, Assam was on tour he could not be present during the hearing today. But as soon as he returned from tour he would attend to the proposal submitted by the DEEO, Sivasagar and then send a proposal to the Government for necessary substitution / correction.

Observation of the Commission
It was seen from the File No. EE(plan)165/2005/Pt.III of the Directorate of Elementary Education which was produced today before the Commission that 428 number of posts under Elementary Education, Assam which were created for execution of the State Plan Scheme were transferred to Non-Plan Sector with effect from 1.4.06 vide Government order No PMA/43/2006/159 dated 23.3.07. It was also seen from the enclosures that the name at Sl. 411 appeared as Smt Anjurani Bharali with employee identification No PED.256045. However, it was explained by the DEEO, Sivasagar that the name was wrongly quoted as Smt Anjurani Bharali while it should have been Smti Anjurani Bharalua. The Deputy Director of the Directorate of Elementary Education acknowledged the receipt of a proposal of the DEEO, Sivasagar vide letter dated 24.9.07 in which the DEEO, Sivasagar mentioned that Sri Biren Neog of Bargila Na-Pam L.P. School, Sivasagar should have been showed in place of Smti Anjurani Bharalua as she was already been absorbed against a regular vacancy. The name of Smt Anjurani Bharali should have been Smt Anjurani Bharalua. It was seen from the proposal of the DEEO, Sivasagar sent to the Director, Elementary Education, Assam vide his letter dated 24.9.07 that he has submitted a proposal for normalizing the services of Sri Biren Neog against the post which was held by Smt Anjurani Bharalua as she had already been normalized earlier. According to him she was absorbed in the existing vacancy caused due to demise of Late Bhubaneswar Deori of Sapekhati L P School.

Decision of the Commission
In view of the above and on careful consideration of the facts and circumstances of the case the Commission decided to issue the following directions:

1. The DEEO, Sivasagar should clearly mention in his revised proposal the mistake which occurred in the original proposal of normalization of plan posts stating that the name of Smti Anjurani Bharalua (wrongly written as Smti Anjurani Bharali) should be substituted by Shri Biren Neog as his name was left out by mistake at the time of submission of proposal to the DEE, Assam for normalization. This proposal should be submitted by the DEEO, Sivasagar within 3 days from today (i.e.28.9.07).

2. The Director of Directorate of Elementary Education, Assam on receipt of the corrected proposal from the DEEO, Sivasagar should submit a proposal to the Government in the Elementary Education Department within 7 days for effecting the correction / substitution.

3. The Commissioner and Secretary, Government of Assam, Elementary Education Department should ensure that the proposal was submitted to the Finance Department for necessary correction within a week from the receipt of the proposal from the Directorate of Elementary Education, Assam.

4. On receipt of the proposal from the Commissioner & Secretary, Elementary Education, the Commissioner & Secretary, Finance Department should consider the proposal and take necessary action within 15 days of the receipt of the proposal.

5. The Commission fixed 7.11.07 for receipt of the reports of compliance from all concerned.

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 Commissioner & Secretary, Govt. of Assam, Finance Department
2. The Commissioner & Secretary, Govt. of Assam, Elementary Education Deptt.
3. The Director of Elementary Education, Kahilipara, Guwahati, Assam.
4. The Deputy Director of Directorate of Elementary Education, Kahilipara, Assam.
5. The District Elementary Education Officer, Sivasagar.
6. Shri Biren Neog, Head Teacher, Bargila Na-pam Sundarpur Primary School, Sivasagar
7. The DIPR, Dispur, Assam
8. MD, AMTRON, Bamunimaidan.
9. Office file.


Secretary
State Information Commission, Assam