Basis of seniority list of MATE (SSK) in MES and the relevant rules - CIC: On 29.06.2022, the appellant was informed that the information sought is not clear; On receipt of the CIC notice a suitable reply was sent - CIC: Strict warning issued to PIO
The Appellant has sought the following information:
1. On what basis the seniority list of MATE (SSK) (Direct recruitment) is prepared in MES? Provide a copy of the Rules in this regard.
2. Whether different rules are followed by each command for preparation of the said seniority list?
3. Whether rules relating to the preparation of seniority list are provided along with the appointment letter?
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present at the VC venue despite notice sent vide speed post acknowledgment no. ED914795725IN.
The CPIO could not explain why a timely reply was not provided.
Based on a perusal of the record, it was noted that the CPIO vide letter dated 25.03.2023 replied to the appellant and stated that the online RTI applications received from the appellant do not contain any clear requirement of information sought. As they received the CIC notice containing all the queries, a para-wise reply was submitted.
“In respect of para 1- Abstracts Annexure of Appendix “A” to CPRO 73/73 were provided as follows” (i) The relative seniority of all direct recruits shall be determined by the order of merit in which they are selected for such appointment on the recommendations of the UPSC of other selecting authority, persons appointed as a result of a subsequent selection:-
Provided that where persons recruited initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority shall follow the order of confirmation and not the original order of merit.
(ii) Also, the relative seniority of direct recruits and of promotes shall be determined according to the rotation of vacancies between direct recruits and promotes which shall be based on the quotas of vacancies reserved for direct recruitment and promotion respectively, in the recruitment rules.
Para 2- Yes, the seniority is reckoned from the date of TOS in the CWE and on the basis of the same the seniority list is prepared.
Para 3- Yes.”
In view of the above, it appears that on 29.06.2022 the appellant was informed that the information sought is not clear. However, on receipt of the CIC notice a suitable reply was sent to the appellant.
The CPIO is therefore issued a strict warning to be careful and avoid delayed and irrelevant replies.
The reply dated 25.03.2023 is just and proper. No action lies.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Citation: Parmjeet Singh v. South Western Command, Commander Works Engineering, File no.: CIC/MESER/A/2022/616435; 06/04/2023