Which CPSUs have implemented revised pay as per the Justice Mohan Commission directives?
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Heavy Industries and Public Enterprises seeking information regarding the names of 69 PSUs whose employees wages were covered by the CDA pattern wage revision as ordered in the Supreme Court judgment. He also wanted to know the names of those Central PSUs out of the above 69 PSUs whose IDA pattern employees were allowed revision of pay and wages based on the recommendations of the Justice Mohan Commission Pay Revision through Presidential Directives which empowered the PSUs to pay the revised wages on a monthly basis. The Public Information Officer (PIO) provided the list of 69 CPSEs covered under High Power Pay Committee following CDA pattern scales of pay. Regarding the second query the PIO stated that DPE is the nodal Department in Government to issue policy guidelines for CPSEs and that implementation of these guidelines rests with the respective CPSEs and its administrative departments. The appellant was dissatisfied with the reply to the second query and filed an appeal to the First Appellate Authority. The FAA mentioned that the information in DPE O.M. contain only the broad guidelines for implementing the 1997 pay revision. Pay revision in CPSEs depends on various factors like affordability of the concerned CPSE to pay etc. The issue of Presidential directive is not same as with its implementation, unless all the elements of the guidelines/directives are fulfilled.
During the hearing before the Central Information Commission (CIC), the respondent submitted that Department of Public Enterprises (DPE) is the nodal Department for issue of policy guidelines in respect of CPSEs. The implementation of DPE guidelines rests with the respective administrative Ministries and the CPSEs. The pay scales depend on several factors including affordability of the concerned CPSE. The petitioner is seeking information on those CPSEs out of those 69 CPSEs where IDA pay scales have been allowed through Presidential directives, which are issued by the respective Ministries/ Departments. The DPE does not have the information related to this. In case the appellant had asked for the implementation of the DPE’s guidelines in a particular CPSE, the request could have been forwarded to the said CPSE for providing the relevant information.
View of CIC
The Commission directed the PIO to transfer one point of the RTI application to the respective Ministries and the respective PIOs of the respective Ministries will provide requisite information on that point. The PIO (DPE) was further directed to collect such information from the respective Ministries and put it on the website of the DPE in compliance with section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; of the RTI Act.
Citation: Mr. Suddhodan Roy v. Ministry of Heavy Industries & Public Enterprises in Case No. CIC/SS/A/2012/0001286
RTI Citation : RTIFI/2012/CIC/833
Click here to view original RTI order of Court / Information Commission