Dated 25-07-2007
Name of the Complainant:
Smt Putul Konch (Borah)
PO & Viii - Bahadurchuck
P.S North Lakhimpur Dist - Lakhimpur
Name of the Public Authority
Education (Elementary) Deptt
The following were present:
1. Dr. Loknath Sarma, Dy. Director Ele. Education & SPIO
2. Shri R. Deka, Dy. Secy (Ele), Education & SPIO
3. Shri Anil Das Purkayastha, D.I. of Schools, N. Lakhimpur - Public Authorities
4. Smt Putul Konch - Complainant
5. Shri Lilambar Borah - Accompanying the Complainant
The complainant present. Shri R Deka, Dy. Secretary Education Department &
SPIO, Dr. Loknath Sarma, Dy. Director, Elementary Education & SPIO and Shri
Anil Das Purkayastha, D.I of Schools. North Lakhimpur present
Brief of the case
On 6.9.06 Smt Putul Konch (Bora) of North Lakhimpur submitted a petition to
the Commission requesting to collect the gradation list in respect of the primary
school teachers serving in the North Lakhimpur Sub-Division for the year 2005-2006
from the Education Department i.e. Director, Elementary Education, Assam. The
petition was sent to the Commissioner & Secretary, Elementary Education
Department on transfer under section 6(3) (i) of the RTI Act. 2005. Vide petition
dated 1.1.07 the petitioner requested the Commission to furnish her the following
information:
1. What is the amount of arrear salary to be paid to her by the Education Department
as arrear salary Nil bills since 1996 under the Revision of Pay 1996.
2. Copy of service book certified by the concerned Education officer.
3. She did not receive salary since September 2003 to February 2004 for a period
of 6 months as the LP School teacher in North Lakhimpur Tool Adarsha Prathamik
Vidhayalaya. She applied before the concerned Education Department authorities
but even after 3 years she has not been able to get the arrear salary. What
action the Education Department had taken on this matter may intimated by them.
This petition was also sent under section 6(3) of the RTI Act, 2005 to the Commissioner
& Secretary, Elementary Education Department. As she did not receive the
information she submitted a prayer on 12.6.07 requesting the Commission to take
prompt action on the matter. Hence this complaint case.
Submission of the parties
The complainant submitted that she received copies of the gradation list and
the service book (which was handed over to her in presence of the Commission)
but she has not received any information regarding her arrear pay for 6 months
and the nil bill which was due payable to her in Revision of Pay in 1996 with
effect from 01.0.1996 to 31.07.1998.
The SPIO of the Education Department informed the Commission that on receipt
of the transferred petition dated 22.9.06 from the Secretary of the Commission
he instructed the Director, Elementary Education, Assam to furnish the information
as sought for, he informed the petitioner vide his letter dated 27.10.06 that
the information was not available with the Director of Elementary Education,
Assam who had called for the information from the District Elementary Education
Officer, Lakhimpur fixing 20.10.06 for receipt of the same. He further stated
that on 19.1.07 he sent some information to the petitioner.
The D.I. of Schools, North Lakhimpur stated that he had furnished the gradation
list to her for LP School teachers of urban area of North Lakhimpur as her school
is situated in urban area and the list contained her name. He was also ready
with a copy of the service book which he wanted to hand over in presence of
the Commission. Regarding her request for payment of arrear pay for 6 months
and the nil bill in Revision Pay arrear in 1996 with effect from 1.1.96 to 31.7.98,
he stated that nil bill for the year would be placed before the treasury only
when funds are released by the Government and so far the government had not
released any fund for payment of nil bill. Regarding payment of arrear pay for
6 months he stated that as the period relates to 2003 and 2004 when she was
serving against a plan post, no funds were allotted by the Government for payment
of her salary.
The SPIO of the Education Department informed the Commission that the Government
had asked from the Education Department the requirement of funds under plan
and non-plan budget for payment of arrear bills and on receipt of the requisition
from the D.I. of Schools, North Lakhimpur the demand will be placed before the
Education Department for placing the necessary requirement of funds for payment
of her arrear bill. The Director Elementary Education had already called for
the detailed statements of all pending arrear bills school wise and teacher
wise in particular format circulated for the purpose and once the Director received
the requirement of funds with the filled in formats the same will be placed
in the Education Department for placement of funds. He however observed that
it depends on placement of funds by the Finance Department of the Government.
The nil bill issue of the petitioner for 31 months would also be examined by
the Directorate of Elementary Education. Once the necessary requisition for
funds was received by the Directorate it would place the matter for placement
of funds before the Government.
Observation of the Commission
The Commission observed that the matter of payment of arrear bill for the petitioner
with effect from September 2003 to February 2004 needs to be expedited and the
D.I of Schools as well as the Director, Elementary Education should take prompt
action in this matter. In the case of nil bill for Revision of Pay under the
Revision of Pay order 1996 for 31 months pending to be paid to the petitioner,
the Commission desired that this matter should also be expedited by the D.I.
of Schools, North Lakhimpur and by the Director, Elementary Education.
Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of the
case decided to direct the D.I. of Schools, North Lakhimpur to hand over the
copy of the service book in presence of the Commission which was done accordingly.
The Commission further directed the Director of Elementary Education and the
D.I. of Schools to take prompt action in the matter of settlement of the outstanding
bills, nil bill of the petitioner. In the meantime the Commission ordered the
SPIO of Directorate of Elementary Education to furnish the point wise information
to the complainant urgently on the action taken for (a) payment of arrear salary
from September 2003 to February 2004 and (b) submission of nil bill for arrear
of pay and allowances from 1.1.96 to 31.7.98 for 31 months.
The Commission fixed 24.8.07 as the date by which SPIO of Elementary Education
in consultation with the D.I of Schools, North Lakhimpur should furnish the
above information to the petitioner.
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 Commissioner & Secretary, Elementary Education Department
2. The Director, Elementary Education, Assam, Guwahati
3. The SPIO of the Elementary Education Department, Govt of Assam, Dispur
4. The SPIO of the Directorate of Elementary Education, Assam.
5. Smt Putul Konch (Borah) P.O & Vill- Bahadurchuck, P.S. North Lakhimpur,
Dist. Lakhimpur.
6. MD, AMTRON, Bamunimaidan
7. The Director, Information & Public Relation, Dispur.
8. Office file.
Secretary
State Information Commission, Assam