Dated 15-06-2007

Name of the Complainant:
Shri Subash Ch. Prasad
Rastra Bhash Prathamik Vidyalaya,
Tezpur Dist- Sonitpur

Name of the Public Authority:
Director, Elementary Education

The following were present:
1. Dr. Loknath Sarma, Dy. Director of Elementary Edn.
2. Ramani Mohan Deka, SPIO, Tezpur
3. Shri Haliram Sharma, DI of Schools Tezpur.
4. Shri Subash Chandra Prasad; Public Authorities Complainant

The complainant present. The Deputy Director, Elementary Education, Assam along with the D.I of Schools, Tezpur and the SPIO of the office of the D.I. of Schools, Tezpur present.

Brief of the Case
The petitioner Shri Subhash Chandra Prasad of Tezpur submitted a petition on 11.5.07 before the Chief Information Commissioner stating that he did not receive information sought for by his petition dated 26.3.07. The information sought for are as follows:

Action taken by the Director, Elementary Education on his representations dated 16.9.82, 24.6.03, 7.7.04, 4.4.06 and 12.7.06 addressed to the Director Elementary Education, Assam. Hence this complaint case.

Submission of the parties
Shri Subash Ch. Prasad, a teacher of Rashtra Bhasha Prathamik Vidyalaya, Tezpur stated that he received information from the Director, Elementary Education, Assam but he was not satisfied with the reply of the Director. He was appointed as a teacher in 1972; Government provincialized the school in 1977. Now he wanted regularization of his post since 1977.

The Deputy Director, Elementary Education informed the Commission that in 1977, Government provincialized one post of the school against 5 posts in his school and his name figured at S1.3 of the seniority list as he was the third founder teacher. Then in 1982, another post was sanctioned by the Government. He was regularized in 1982. The Deputy Director observed that his case cannot be regularized since 1977. He stated that he received the petition on 12.3.07 and reply was sent on 22.3.07 which was received by the petitioner.

He further submitted before the Commission that the SPIO of the Directorate got transferred 10 days back and hence there was no SPIO designated at present and he had come to represent the case as instructed by his Director

During the course of hearing, it transpired that the petitioner submitted a petition on the same subject to the D.I. of Schools, Tezpur on 12.3.07 and the D.I. of Schools sent a reply to him point wise. He informed the petitioner that the matter about his seniority was enquired into through Sri Mahesh Baruah, S.I of Schools. He sent a copy of thisenquiry report with a forwarding to the Director, Elementary Education, Assam, Kahilipara, Guwahati vide his letter dated 27.7.04. But till date no action has been communicated by the Director, Elementary Education. In this regard he informed very clearly that he was not the final authority to give the petitioner the benefit of seniority with effect from 01.06.1977 as he was appointed by the Government of Assam only on 15.9.1982. As such he reported the petitioner's grievances to the higher authority i.e. the Director, Elementary Education.

The Deputy Director, Elementary Education made further submission that as per the Government guideline the petitioner was entitled to get his seniority with effect from 1.6.77 but he was not entitled to salary benefit with effect from that date. He informed the, Commission that in case the petitioner applied to the Director, Elementary Education for giving him the benefit of seniority with effect from 1.6.77 the Director, Elementary Education would communicate his decision in this regard immediately as per rules.

Observation of the Commission
The Commission observed that the Director, Elementary Education, in the absence of the SPIO should have been present before the Commission and the Commission took exception to his absence inspite of receipt of notice from the ~he Commission. The Commission also noted that at this point of time there was no SPIO in his office.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct the Director, Elementary Education, Assam to furnish point by point reply to the petition of the complaint dated 26.3.07 specifically making reference to the seniority & salary benefit within 3 days of receipt of this order.

The Commission further directed the Director, Elementary Education to designate one Deputy Director level officer as SPIO of his Directorate and himself as the 1st Appellate Authority u/s. 5 (1) and 19 of RTI Act 2005 respectively within three days of the receipt of this order and a report compliance to this Commission.

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, Elementary Education, Assam, Kahilipara.
2. Dr. Loknath Sarma, Deputy Director, Elementary Education, Assam, Kahilipara
3. Shri Haliram Sharma, D.I. of Schools, Tezpur
4. Shri Ramani Mohan Deka, SPIO, in the D.I. of Schools, Tezpur
5. Shri Subash Ch. Prasad, Rastra Bhash Prathamik Vidyalaya, Tezpur, Dist-Sonitpur
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam