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The Code Of Civil Procedure (Amendment) Act, 1956

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Central Information Commission
Mr. S Kumar vs Mcd, Gnct Delhi on 15 March, 2011
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                              Decision No. CIC/SG/A/2011/000038/11470
                                                                      Appeal No. CIC/SG/A/2011/000038
Relevant Facts

emerging from the Appeal:

Appellant                           :      Mr. S. Kumar
                                           N- 45/2, Lane No.5
                                           Vijay Vihar, Uttam Nagar
                                           Delhi-110059

Respondent                          :      Ms. Swatantar Bala

Public Information Officer & Additional Director Primary Education (Head Quarters) Municipal Corporation of Delhi SPM Marg, Civic Center, Minto Road, 15th Floor, Delhi RTI application filed on : 16/09/2010 PIO replied : 18/10/2010 First appeal filed on : 01/11/2010 First Appellate Authority order : Not enclosed.

Second Appeal received on           :      03/01/2011

Sl.           Information sought by the appellant                            Reply of the PIO
1. Provide information on type and number of leaves            8 Casual leave, 20 half pay commuted leave,
    Primary teacher (women) of MCD is entitled to in an        180 days maternity leave and child care leave
    year.                                                      maximum of 2 years..
2. Whether central govt. order r/o grant of various kind of    It may accept CCL or pass separate orders.

leaves including CCL are applicable to MCD or MCD independently takes decision in this regard.

3. Whether women primary teachers of MCD are entitled Yes and copy can be obtained by paying to CCL as per recommendation of 6th CPC. If so requisite fees. provide a copy.

4. Provide reasons for not issuing GPF statement to Do not pertain to administration branch Primary Teachers of MCD on FY basis and whether any action has been taken against MCD for not doing so.

5. Provide information on procedure through which Same as above. Primary teachers can obtain GPF Statement along with their name and designation.

6. Whether official of education department of MCD Same as above. other than teachers have received their 2nd installment of arrears of 6th CPC.

7. Provide information on reasons for non payment of Same as above. arrears of 6th CPC to Primary teachers along with probable date by which it would be paid.

8. Provide seniority list of Primary teachers along with Seniority list available upto 31.12.1994 and list of teachers appointed in 2003. since DSSSB has not sent merit list department could not prepare it.

9. Primary teachers of MCD upto what batch year have Relates to Directorate of Education.

since been promoted as TGT in subjects of Maths and Science.

First Appeal:

Reply to the question was unsatisfactory and incomplete.

Order of the FAA:

Not enclosed.

Ground of the Second Appeal:

Reply was unsatisfactory Relevant Facts emerging during Hearing: The following were present:

Appellant: Absent;

Respondent: Ms. Swatantar Bala, Public Information Officer & Additional Director;

The Appellant shows that the FAA had issued an order on 24/01/2011 directing the PIO to give appropriate answer for query-9 and also clarify the position on the seniority list sought in query-8. The PIO has provided this information to the Appellant by a letter of 30/01/2011. The PIO has already informed the Appellant seniority list is available only upto 31/12/1994 and the balance seniority list is likely to be prepared. The Commission realizes that the information available on the records have been given but finds it very disturbing that the department does not update its seniority lists with some regularity and is yet to prepare seniority list for teachers after 1994.

Decision:

The Appeal is disposed.

The information available on the records had been provided. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi Information Commissioner 15 March 2011 (In any correspondence on this decision, mention the complete decision number.) (AP)