Dated 26-12-2007
Name of the Complainant:
Shri Bhupen Dutta
S/o. Shri Purneswar Dutta
Mouza- Hahchara, P.O. Daya Chariali
Vill- Latumgaon, Sivasagar, Assam
Name of the Public Authority/SPIO:
DEEO, Sivasagar
The following were present:
1. Shri U.C. Das,
Dy. Director, Ele. Edn.
2. Md. Abdul Jalil
DEEO, Sivasagar
3. Shri Bhupen Dutta
Brief of the case
On 5.9.07 a petition of Shri Bhupen Dutta, son of Shri Purneswar Dutta of Latumgaon, Sivasagar was transferred by the Commission under section 6(3) of RTI Act, 2005to the Inspector of Schools, Sivasagar and he was directed to furnish the information within the stipulated time period with the information that non furnishing of the information will invite action under section 18 of the RTI Act. In the said petition Shri Dutta wanted copies of service book and appointment letter of his father from the Inspector of Schools, Sivasagar issued relating to his father’s service as headmaster of a L.P. school.
On 31.10.07 Sri Dutta again approached the Commission with a petition that he was furnished with incomplete information and was not given complete information. He also enclosed a copy of two pages report of the Block Elementary Education Officer, Sivasagar dated 17.8.06 in which it was stated that Shri Purneswar Dutta an Assistant Teacher of Dhrikaharipora Ghat M.E. School was servicing as an Assistant Teacher till 1991 and he was serving there in the said school since 1976. He also informed that one Shri Januram Gohain (since retired) was the headmaster of the said school and Shri Purneswar Dutta was unauthorisedly absent from school.
Shri Purneswar Dutta developed some mental problem and he submitted an application for voluntary retirement but from the office he was not relieved from his duties. Against the voluntary retirement vacancy of Shri Purneswar Dutta one Shri Lakhi Gohain, alias Shri Lakshibarpatra Gohain was appointed vide order dated 5.2.94 with effect from 1.2.94 as the Assistant Teacher by Md. Anowar Hussain , District Elementary Education Officer. His contemporary teachers are (1) Shri Bhuban Gogoi, (2) Smt Bijaya Barua and (3) Shri Arati Gogoi. The Inquiry Officer met these three teachers and confirmed that Shri Purneswar Dutta was a regular teacher and was discharging his duties as a regular teacher and there was no quarrel whatsoever with the authorities; only he abstained from attending his school from 1992 due to reasons not known to them. But later on it was stated that he was suffering from mental diseases.
The Inquiry Officer met Shri Dutta and ascertained that he served as an Assistant Teacher since 1959 and in 1976 on transfer he was serving in Darikaharipora Ghat M.E. School and he went on voluntary retirement in 1992 but no approval was received from the office in this regard. The Block Elementary Education Officer also informed that he could not locate any service record etc in his office relating to Shri P. Dutta.
Hence this complaint case.
Submission of the parties
Shri Bhupen Dutta, Son of Shri Purneswar Dutta submitted before the Commission that he had been able to obtain copy of the order transferring his father Shri Purneswar Dutta in May 1960 to Bahagar M.V. School newly taken over on 1.10.59. He also confirmed that he received the report of the Block Elementary Education Officer but he was not satisfied as he was not furnished a copy of the appointment letter of his father as well as a copy of his service book although the Hon’ble Minister, Education directed the District Elementary Education Officer to inquire into the matter and take necessary action in this regard.
He further submitted before the Commission that as his father was serving as the Assistant Teacher in provincialised School with effect from 1.10.59 to 1991 and he was depositing contributory provident fund to the Government he was entitled to pensionery benefits and as such he pleaded before the Commission that the Commission be pleased to issue necessary instructions to the Director , Elementary Education, Assam and the District Elementary Education Officer , Sivasagar to process the case of his father urgently and provide him with pensionery benefits for the government service rendered by Shri P. Dutta. He submitted copies of the pay fixation dated 10.12.65 by the Secretary, State Board for Elementary Education, Sivasagar as well as the record of depositing provident fund to the Government.
The District Elementary Education Officer who is also the Inspector of Schools, Sivasagar submitted that no records are available regarding service of Shri Purneswar Dutta. He also could not locate the appointment letter of Shri Dutta in his office. He was not sure whether such records are available in the D.I. Schools. However he stated that based on the papers (the letter of posting of Shri P. Dutta as well as assessment of provident fund , salary) he would be able to reconstruct service book with the approval of the Director of Elementary Education, Assam.
The Deputy Director, Elementary Education, Assam confirmed that on receipt of the communication from the District Elementary Education Officer, Sivasagar his office would be able to process the matter and approve the reconstruction of the service book. He added that for pensionery benefits of the retirement teacher the Director, Pension, Assam was to be approached by the District Elementary Officer, Sivasagar directly and only for approval of the reconstructed service book and the approval of the voluntary retirement ex- post facto the order of the Director of Elementary Education would be required.
Observation of the Commission
The Commission found that it is a fit case of pensionary benefit to be given to a retired teacher who served in the department from 1959 to 1991. The records relating to the appointment letter and the service book should have been available in the office of the D.I of Schools, Sivasagar but based on the report of the District Elementary Education Officer, Sivasagar the same was not available. Hence the Commission would require the DEEO, Sivasagar to collect a copy of the appointment letter and other records from the concerned school in which Shri Dutta was serving and reconstruct the service record and send the same to the Director, Elementary Education, Assam for his approval. All the pensionary benefits should be provided to the retired teacher as it was clearly stated in the appointment order of Shri Lakhi Gohain that Shri Dutta retired voluntarily with effect from 1.2.94. The Commission was of the confirmed view that the Government should pay the pensionary benefit to Shri Purneswar Dutta.
Regarding furnishing of the information by the SPIO the Commission was of the view that whatever information was available in the office of the DEEO, Sivasagar was furnished to the complainant and hence there was no cause of action in the particular case against the DEEO, Sivasagar. However the information in respect of the sanction of pension to Shri Dutta will have to be furnished to the complainant as the DEEO, Sivasagar has assured that the matter would be processed.
Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case
decided to issue the following directions to the Director, Elementary Education,
Assam, Director, Pension, Assam and the DEEO, Sivasagar in exercise of the powers
under section 19 (viii)(a) of the RTI, Act, 2005.
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, Guwahati
2. The Director, Pension, Assam
3. Shri U.C. Das,.Deputy Director, Elementary Education, Assam
4. Md. Abdul Jalil, District Elementary Education, Officer, Sivasagar.
5. Shri Bhupen Dutta S/o. Shri Purneswar Dutta Mouza- Hahchara, P.O. Daya Chariali Vill- Latumgaon, Sivasagar, Assam.
6. The DIPR, Dispur, Assam
7. MD, AMTRON, Bamunimaidan.
8. Office file.
Secretary
State Information Commission, Assam