PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No : 39/2006
Dated 21st November, 2006

Present:
1. Shri R.S. Mooshahary
State Chief Information Commissioner.

2. Dr. B.K. Gohain
State Information Commission.

Name of the Complainant:
Mrs. Geetanjali Baruah
12, Dr. S K Bhuyan Road
Dighali Pukhuri East, Guwahati-1

Name of the Public Authority:
Education Department

The following were present:
1. Shri Jawhar Bhattacharjee
Joint Secretary, Finance (Bt) Dept

2. Md. Mohsin Ali
Director, Secondary Education

3. Shri R Deka, Deputy Secretary
Education Department & SPIO


During the hearing of this case on 30th October 2006, a matter of great importance concerning the payment of arrear salaries of the retired Principals / Teachers of the High & Higher Secondary Schools both Government and Provincialised was brought to the notice of the Commission. The Commission considered it necessary to have consultation with the Commissioner & Secretary, Education Department and the Commissioner & Secretary, Finance Department in presence of the Director of Secondary Education and the PIO. Accordingly notices were issued to them. The Commissioner & Secretary, Education has deputed Sri R. Deka, Deputy Secretary, Elementary Education Department and the PIO of the Education Department. The Commissioner & Secretary, Finance Department has deputed Shri J. Bhattacharya Joint Secretary, Finance Department for the purpose. The Director, Secondary Education is also present.

The Director, Secondary Education when asked specifically about the issue of payment of arrear salaries of the retired Principals / Teachers of the schools, submits before the Commission that although he submitted a proposal for payment of arrears dues of the complainant Mrs. Geetanjali Baruah to the Government in the Secondary Education, the Government has asked for the details of the pending arrear salaries to be paid to each teacher in the school. He has issued instructions to the Inspector of Schools, Golaghat to collect the information and submit the same to him for submission to the Education (Secondary) Department. But the information called for by him has not yet been received. He also states that he does not have any budgetary provision for payment of arrear salaries. However, the High Level Committee Meeting of the 12th Finance Commission award has earmarked some funds for payment of arrear salaries of the teachers (retired as well as serving).

The Joint Secretary, Finance Department submits before the Commission that no such proposal for payment of arrear salaries of the teachers who are serving or retired has been received by the Finance Department. There will be no difficulty in payment of the arrear salaries of such teachers from the funds available under the 12th Finance Commission Award. However, as there are allegations of drawal of arrear salaries by non teachers, the Finance Department will have to verify the claims of the teachers both serving as well as retired regarding payment of arrear salaries and D.A. through field inspections by the competent authorities to avoid future complication relating to double and fraudulent drawal.

After detailed discussion, the following directions are issued by the Commission.

1. The Director, Secondary Education will submit the proposal for all the schools for payment of arrear salaries to the retired / serving teachers within one month to the Department of Secondary Education, Government of Assam.

2. The Department of Secondary Education, Government of Assam will submit such proposals to the Finance Department within 15 days of receipt of the proposal from Director, Secondary Education.

3. The Finance Department after holding necessary field inspections and scrutinizing the accounts will sanction the proposals for payment of arrear salaries preferably within the current financial year but not later than 4 months from receipt of proposal from the department of Secondary Education.

4. The matter in its entirety is to be resolved within 6 months from this date

5. The Commission has also observed that the Education Department has designated only one PIO who is the Deputy Secretary of Elementary Education. The Commissioner & Secretary, Education is directed to designate PIOs for each of the functional department under him for facilitating better dissemination of information and report compliance to the Commission within 15 days.

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


Authenticated true copy

(L.C. Borah)
Under Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC.40/2006/23 Dated November 21, 2006

CC:
1. The Commissioner & Secretary, Secondary & Higher Education
2. Shri R. Deka, Deputy Secretary, Education Department & PIO.
3. The Director, Secondary Education, Kahilipara, Guwahati.
4. The Commissioner & Secretary, Finance Department, Dispur.
5 . Mrs. Geetanjali Baruah, 12, Dr. S K Bhuyan Road, Dighali Pukhuri East, Guwahati-1
6 . MD, AMTRON, Bamunimaidan.
7 . Office file.