Appeal :283/SCIC/2011 Decided :on 06/05/2014

GOA STATE INFORMATION COMMISISON

Ground Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji-Goa

Coram : Smt. Leena Mehendale, State Chief Information Commissioner

Appeal :283/SCIC/2011

Decided :on 06/05/2014

Mr. Armando V. Fernandes

H.No.154/1, Near the church,

Culsabhat, Cavorim,

Chandor, Salcete- Goa. ----- Appellant

V/s

1. The State Public Information Officer,

O/o. the Under Secretary, (Personnel-I)

Secretariat, Porvorim- Goa.

2. The First Appellate Authority,

O/o. the Joint Secretary (GA),

Secretariat, Porvorim- Goa. ---- Respondents

O R D E R (Open Court )

RTI application dated : 06/06/2011

PIO reply : 21/06/2011

First Appeal filed on : 12/09/2011

FAA Order dated : 12/10/2011

Second Appeal filed on : 22/12/2011

1) This appeal has a short point. The appellant needed information regarding his 3^rd MACP ( Modified Assured Career Progression) which was not given to him. He approached the PIO and Under Secretary of Personnel Department in the Secretariat on 06/06/2011. The PIO replied on 21/06/2011 stating that “since your service records are not maintained by this Department, it is difficult for the undersigned to say whether you are entitled for 3^rd MACP Modified Assured Career Progression. You are, therefore advised to take up the request with your appointing authority and if any clarification is required, the appointing authority can seek the same from this Department.”

2. This reply of the PIO appears appropriate as appellant had not informed the details of his first employment in the Government. Subsequently the appellant wrote one more letter dated 22/09/2011 to the Under Secretary Personnel giving detailed information about “ his initial appointment in the St. Rita’s High School, Maina, Curtorim, on 03/07/1972, promoted to the post of UDC, then Head Clerk and then TBPS and requested to examine the matter for grant of 3^rd MACP.”

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3. Upon this the PIO transferred his application to the Director of Education on 21/10/2011, under section 6(3).

4. Although not as part of the RTI reply, the PIO and Under Secretary Personnel also informed him about a further development. From the letter received from Director of Education, the PIO learnt that the appellant was first appointed as LDC on 03/07/1972 and promoted to the post of UDC on 13/07/1981 (1^st up gradation). Subsequently he was promoted to the post of Head Clerk on 05/03/1988 ( II^nd upgradation). Further he was granted TBPS on completion on 12 years of service in the same grade on 05/03/2000 (III^rd upgradation)

Hence the Respondent No. 1 has advised the Director of Education vide letter 02/01/2012 that “TBPS given on 05/03/2000 to appellant is over and above the financial upgradation recommended in the Assured Career Progression Scheme notified vide dated 22/02/2001. It is therefore requested to withdraw the TBPS given to Shri. Armando V. Fernandes on 05/03/2000 and consider him for grant of 3^rd Modified Assured Career Progression Scheme with effect from 01/09/2008.”

5) Thus I find that PIO has suggested a legitimate way out to give higher and appropriate financial benefit to appellant which would otherwise take time if not processed properly.

6) On the Rojnama I find that the second appeal came up for hearing from 23/02/2012. The above stated reply from respondent No. 1 was received on the same day and taken on record and the copy was given to the appellant.

7) Thereafter the appellant has remained present on some occasions but not filed any rejoinder or say. The option suggested by the respondent No. 1 to the Director of Education is in favour of appellant. Hence it is likely that the appellant has no longer any interest in this appeal. Even today when the matter came up for hearing he has not made any submission although he was present.

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Accordingly the appeal is dismissed. It is important to record that I do not find any mistake in the first reply of the respondent No. 1. Hence the appeal is

dismissed on merit. The entitlement of the appellant under 3^rd MACPS is to be persued with Department of Education, if not already solved satisfactorily.

Order declared in Open Court. Inform the parties.

Sd/-

(Leena Mehendale)

Goa State Chief Information Commissioner,

Goa State Information Commission

Panaji-Goa