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Decision No. CIC/AD/A/2011/001256/SG/14854 Appeal No. CIC/AD/A/2011/001256/SG Relevant Facts emerging from the Appeal Appellant : Ms. Sharmila Chowhdury All India Radio Upper Colony Opposite Hotel Donyi Polo Ashok C Sector Itanagar-791111 Arunachal Pradesh Mr. S. P. Bhattarcharya CPIO & Under Secretary Ministry of Information and Broadcasting Government of India A Wing, Shastri Bhawan New Delhi 26/04/2010 28/05/2010 16/07/2010 10/08/2010 10/05/2011 Reply of the PIO The enhancement of pay of certain cadres of engineering staff of AIR and Doordarshan during 1997 was reached between the Government and Sanyukt Sangharsh Samiti comprising ADTEA and ARTEE and signed on 5.2.99. The above agreement and the Govt. order dated 25.2.1999 enhancing the pay scale do not cover the enhancement of the said pay scales to the administrative cadre, motor driver, announcer and Group D etc. in Prasar Bharati. Such proposal is dealt in BA (P) Section of the Ministry. As such, the applicant is requested to get the information on this point from Smt. G. Jayanthy, Deputy Page 1 of 3

Respondent

RTI application filed on PIO replied First appeal filed on First Appellate Authority order Second Appeal received on

: : : : :

Sl. Information Sought 1. Provide the specific Rules & Regulation of Government of India along with documentary proof, under which the Government of India has made an agreement with the unrecognized Association i.e. ARTEE & TEA regarding enhancement of pay of certain Cadre of Engineering Staff of AIR & Doordarshan on 7th November 1997, for utilization of Government Fund where Public Interest is involved. 2. Furnish the specific Rules & Regulation of Government of India under which the Ministry of Information & Broadcasting has not taken into account the above clause i.e. Higher Pay scale in respect of Existing Employees of Prasar Bharati (i.e. Administrative cadre, Motor Driver, Announcer, GroupD etc.) at the time of granting/sanctioning the Prasar Bharati Scale to certain Cadre of Engineering & Program staff of Prasar Bharati. 3. So, provide the photo-copy of all proposals/decisions which has been submitted by the Prasar Bharati before the Ministry of Information & Broadcasting for granting of Prasar Bharati Scale to the employees of Prasar Bharati till

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Secretary, BA(P) Section, Room No. 709, A Wing, M/o I&B, Shastri Bhawan or from Shri SK Garg, Under Secretary, BA(P) Section, Room No. 647; A Wing, M/o I&B, Shastri Bhawan. Furnish the specific Rules & Regulation of Government of The above government order does not India under which the Ministry of Information & cover the administrative office. Broadcasting had not taken into account the Administrative cadre. Motor Driver, Announcer, Group D, stenographer, Instrumentalist etc. of Prasar Bharati in the file vide No.310/ 173/97-B(fl of Ministry of Information & Broadcasting at the time of considering the Prasar Bharati Scale to certain cadre of Programme Staffs. Furnish the specific Rules & Regulation of Government of The Govt. of India, Ministry of I& B has India under which the Government of India had granted granted upgraded pay scales only to 11 two Pay Scale at a time in One incumbent as stated above. categories of staff comprising of Assistant Engineers, Senior Engineering Assistant, Engineering Assistant, Senior Technician, Technician, Diesel Technician, Mast Technician, Diesel Engine Driver, Helper, Programme Executive and Transmission Executive of AIR and Doordarshan vide letter No. 310/173/97-B(D) dated 25/02/1999. Furnish the specific Rules of Government of India under The upgraded pay scales were granted not which the Government of India can be forced by as a force but as per understanding unrecognized Associations to acknowledge their Demand reached between the Govt. and Sanyukt which is beyond the guiding principle of General Financial Sangharsh Samiti. Rule of Government of India. Provide the photo-copy of Rules & Regulation regarding This point pertains to BA(P) Section of the service condition of officers of Prasar Bharati, which the Ministry. might have framed and which has required to be ensured by the Ministry of Information & Broadcasting (Government of India) as stated above before granting Prasar Bharati Scale by the Ministry of Information of Broadcasting. Provide the photo-copy of concurrent/ approval of Ministry Copy enclosed. of Finance, which should have taken by the Ministry of Information & Broadcasting(Government of India) prior issuing the order vide No.310/173/97-V(B) dtd.25/02/1999 for granting of Prasar Bharati Scale to certain Cadre of Engineering & Programme staffs of Prasar Bharati.

Grounds for the First Appeal: Incomplete and unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA): The FAA ordered the PIO to furnish information within 7 days. Grounds for the Second Appeal: Unsatisfactory information provided by the PIO despite the order of FAA. Page 2 of 3

Relevant Facts emerging during Hearing: The following were present Appellant : Mr. Manoj Chowdhury representing Ms. Sharmila Chowhdury on video conference from NIC-Itanagar Studio; Respondent : Ms. Jayanti, Director & FAA on behalf of Mr. S. P. Bhattarcharya, CPIO & Under Secretary; The Appellant states that in the file notings provided to him with respect to query-3 he has been informed that the proposal has been received from Prasar Bharti. The Appellant states he wants a copy of the said proposal. The Appellant is directed to provide the page number of the file noting in which this is claimed to have been mentioned and the PIO will provide an attested copy of the proposal within 15 days of receipt of the page number from the Appellant. The appellant is also saying that a copy of the rule authorizing the department to negotiate with non-recognize union should be provided. The PIO has stated that there are no such rules mentioned on any of the records.

Decision: The Appeal is allowed. The PIO is directed to provide an attested copy of the proposal within 15 days of receipt of the page number of filing noting from the Appellant.
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 26 September 2011

(In any correspondence on this decision, mention the complete decision number.) (HA)

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