Is delay in fixation of pay a violation of one’s human rights?
The appellant had filed representations to the authorities regarding implementation of some order passed by the National Technical Research Organization (NTRO) for fixing his pay. Later, he filed two applications under the Right to Information (RTI) Act seeking information about the implementation / cancellation of action taken on his representations. For both the applications, the Public Information Officer (PIO) denied the information stating that NTRO was included in the second schedule to the RTI Act.
During the hearing before the Central Information Commission (CIC), the appellant argued that he had not sought any information relating to any security or intelligence matters but only about his own pay. He also submitted that he had been taking up this matter with the NTRO for more than four years without any satisfactory response. The Commission stated that in every public authority of the central government, there is or should be, a proper grievance redressal mechanism under which both the serving and ex- employees should be able to get their personal problems sorted out. Nobody should be required to resort to RTI for this purpose. The CIC also observed that the appellant had represented on more than one occasion regarding this problem, and by not responding the public authority have forced him to resort to RTI. Further, as the organization is included in the second schedule, the respondents want to deny even his right to get information under this law.
View of CIC
The Commission observed that fixation of pay for the appellant (retired person) was extremely important as several other benefits flow from the revised pay and under payment of compensation due to him can affect his survival prospects. The Commission held that the authorities have deprived him of his rightful claims which was a violation of his human rights and thus that the information sought was covered under the proviso to section 24 of the RTI Act. The Commission directed the PIO to reconsider both the RTI applications and send the desired information to the appellant.
Would promotion related matters not be included as a part of human rights?
Citation: Wg Cdr. (Retd.) SVS Gahlot v. National Technical Research Organization in File No. CIC/SM/A/2012/000781 & 782
RTI Citation : RTIFI/2013/CIC/1002
Click here to view original RTI order of Court / Information Commission