RTI Application & Appeal: Bureaucracy does not respond, Service HQ obfuscates

Part I - Bureaucracy Unresponsive; Part II - Services HQ Obfuscates

*        *        *        *        *        *

Part I

Online RTI Request Form Details

(DOP & T/R/2014/64336 dated 16 Oct 2014)

Public Authority Details:-

* Public Authority Department of Personnel & Training

Personal Details of RTI Applicant:-

* Name S Y SAVUR

----------------------

Request Details :-

Citizenship Indian

* Is the Requester Below Poverty Line ? No

(Description of Information sought (upto 500 characters)

* Description of Information Sought

Please refer to Para 3 of Govt of India, Ministry of Finance, Deptt of Expenditure Resolution No. 1/1/2013-E.III.A dated 28th February 2014 and

Questionnaire of 7 Central Pay Commission furnished vide D.O. No. 7CPC/15/Questionnaire dated 9th April 2014.

2. Please provide me with the information and documents provided by DOP & T in response to the Para  2 (e) of the ibid Resolution dated 28th February

2014 as well as response/reply to the Questionnaire of 7 CPC dated 9th April 2014.

3. Additional payment for photocopies of the information will be paid online as and when intimated by CPIO, DOP & T.

* Concerned CPIO Nodal Officer

Suppor􀆟ng document (only pdf upto 1 MB) Suppor􀆟ng document not provided

Online RTI Appeal Form Details

DOP & T /A/2014/60806 dated 24 Nov 2014

Public Authority Details:-

* Public Authority Department of Personnel & Training

Personal Details of Appellant:-

Request Registration Number DOP&T/R/2014/64336

Request Registration Date 16/10/2014

* Name S Y SAVUR

Appeal Details :-

Ci􀆟zenship Indian

* Is the Requester Below Poverty Line ? No

* Ground For Appeal No Response Within the Time Limit

* CPIO of Public Authority approached Nodal Officer

CPIO's Order/Decision Number Details not provided

* CPIO's Order/Decision Date

(Description of Information sought (upto 500 characters)

* Prayer or Relief Sought

CPIO had been requested to provide information as follows: -

1. Please refer to Para 3 of Govt of India, Ministry of Finance, Deptt of Expenditure Resolution No. 1/1/2013-E.III.A dated 28th February 2014 and Questionnaire of 7 Central Pay Commission furnished vide D.O. No. 7CPC/15/Questionnaire dated 9th April 2014.

2. Please provide me with the information and documents provided by DOP & T in response to the Para e of the ibid Resolution dated 28th February

2014 as well as response/reply to the Questionnaire of 7 CPC dated 9th April 2014.

3. Additional payment for photocopies of the information will be paid online as and when inmated by CPIO, DOP & T.

So far I neither received any information nor a denial or refusal of the information applied for.

Net Result: Contrary to Prime Minister ordering the bureaucracy to be responsive, there has been no reply neither to the application nor to the appeal.

P.S: DOP & T deals with rules etc for RTI Act, 2005

*        *        *        *        *

Part – II

& Services HQ………………

Online RTI Request Form Details

Public Authority Details:-

* Public Authority Department of Defence

Personal Details of RTI Applicant:-

-------------------

Request Details:-

Citizenship Indian

* Is the Requester Below Poverty Line? No

(Description of Information sought (upto 500 characters)

* Description of Information Sought

Sir,

I refer to MODEF/R/2014/61177 dated 30th June 2014 transferred to Service HQ vide No. 21/4/2014-D (PCC) dated 28th July 2014 and received by this applicant on 5th August 2014.

2. Services HQ have stated that MoD is the custodian of the information.

3. Now, 7 CPC vide 7CPC/66/RTI/2014 dated 11th November 2014 (supporting document is attached for ready reference) that MoD is the custodian of the information.

4. Therefore, as custodian of the information, please provide this applicant with a photocopy of the Joint Service Memorandum (JSM).

Reply dated 19 Dec 2014 from TRIPAS

Telephone: 23011257

Fax: 23011257/23006530

Tri Service Pay Staff (TRIPAS)

Room No. 116, Kashmir House,

Rajaji Marg,

New Delhi – 110 011

C/7026/VIIth CPC                                                     

REQUEST UNDER RTI ACT 2005 FOR COPY OF JSM

Dear Sir,

1.       Please refer to your online application No. MODEF/R/2014/62182 dated 23 Nov 14 filed with MoD, which has subsequently been transferred by MoD to Services.

2.       Your request has been examined and it has been decided that in order to apprise the veterans about the Services proposals submitted to 7^th CPC, a presentation to a select group of ESM would be made by the Services. The schedule of the presentation would be intimated to you as soon as it is finalised.

3.       We hope that this will meet your requirement.

Sd/----------------

(V S Chauhan)

Commander

Director TRIPAS

Copy to: -

MoD D (Pay Commission Cell)

MoD D (Pay/Services)

MOD Dir (ESW)

BY SPEED POST – ACK DUE

Air Marshal S Y Savur PVSM AVSM

Veteran                                                                                   141, Jal Vayu Towers,

Cellphones: +91 9449676278                                                   N G E F Layout,

                   +91 9688782227                                                    Indira Nagar (PO),

Email: sysavur@gmail.com                                                    Bengaluru – 560 038

Blog URL: sharad10525.blogspot.in

SYS/RTI/2014/62182/JSM                                                   02 Jan 15

To,

Cdr V S Chauhan

Director, TRIPAS

Room No. 116, Kashmir House,

New Delhi – 110 011

Subject: Request for Information

1.       Please refer to C/7026/VIIth CPC dated 19 Dec 14 (received on 27 Dec 14 by the undersigned) conveying the decision in response to the RTI application for information No. MODEF/R/2014/62182 dated 23 Nov 14 transferred by MoD to TRIPAS.

2.       I do not head or belong to any of the ESM organisations i.e. IESM, IESL, Sanjha Morcha, Disabled Veterans etc etc. Being a simple and, an ethical RTI activist, I have a singular motive – obtain and provide correct and factual information as defined in Section 2 (f) of the RTI Act, 2005. As a corollary it reduces unnecessary blame on Defence Forces officers in the higher echelons of decision making, as well as minimises avoidable speculation on issues. My belief is that Being Informed is the Best Weapon. 

3.       In view of the aforesaid, the procedure stated in Para 2 of TRIPAS letter dated 19 Dec 14 is in contravention of the RTI Act, 2005 for the following reasons: -

(a)     The Services making a presentation to a “select group of ESM” (emphasis supplied) does not specifically address the request for information vide MODEF/R/2014/61282 dated 23 Nov 14 of the undersigned.

 

(b)     Secondly, the RTI Act, 2005 does not require the physical presence of the applicant/appellant for information before the CPIO/First Appellate Authority of the Public Authority. The Act, in fact, gives an applicant/appellant the choice of being physically present even for the Second Appeal before the Chief Information Commissioner’s office as an appellant. Even the CIC conducts video-conference to decide on the complaint/appeal. 

(c)     The Public Authority, in this case TRIPAS, has the option of refusing information citing reasons under relevant sections within 30 days of receipt of the request and then provide the applicant an opportunity to appeal to the First Appellant Authority (FAA), whose particulars are to be given in the decision letter, within 30 days of receipt of the reply/refusal by CPIO.

(c)     The applicant, who becomes the appellant, then has the option to either appeal to the FAA within 30 days of receipt of the reply/refusal or not.

(d)     If the appellant is not satisfied with the order of the FAA to be provided with 30 days (and 45 days if reasons for the extra 15 days are given in the order), then one may file a complaint/an appeal with CIC within 90 days of date of receipt of reply/refusal from CPIO.

(e)     A complaint under Section 18 of the RTI Act, 2005 for reasons stated therein, is where the CIC has powers of a Civil Court to impose fines up to Rs 25000 @ Rs 250 per day on the CPIO & or FAA.

(f)      Therefore, the proposal of TRIPAS at Para 2 of the letter dated 19 Dec 14, is in conflict with a statutory law i.e RTI Act, 2005. Agreeing with the proposal would mean agreeing to abet circumvention the RTI Act, 2005.

4.       Further to matter of ethics, the impugned proposal imposes a disproportionate financial burden, if Services decide to invite the undersigned who is a resident of Bengaluru, which is not clear, as given below: -

(a)     Presuming the report in the media of the JSM is of 4000 pages being correct, @ Rs 2 per photocopied page as per the RTI Act, 2005, the undersigned would have to pay Rs 8000/- towards the information requested.

(b)     If as reported elsewhere, the JSM is about 450 pages, the cost to the undersigned would be Rs 900/-.

(c)     On the other hand, travelling to New Delhi by air would cost the undersigned the following: -

(i)      For return airfare                                      Rs 12000

(ii)     For accommodation, meals etc                Rs   2000             

         

(iii)      For transportation                          Rs   2000

                   Total (approx)                        Rs 16000

5.       Therefore, it would be tantamount to TRIPAS/Services imposing a penalty of between Rs 8000/- (estimate in 2.3.1 above) or Rs 15100 (estimate in 2.3.2 above) on the undersigned for requesting the information, which would, after the presentation be in the public domain, as ESM are not subject to Army, Navy or Air Force Acts, 1950. It is not a procedure in consonance with Sections 5, 6 & 7 of the RTI Act, 2005.   

6.       As stated above, the methodology spelt out in Para 2 of TRIPAS letter of 19 Dec 14 does not meet the requirement for reasons mentioned.

7.       To enable the undersigned applicant for information, TRIPAS, the custodian of the information is requested to be in compliance with the provisions of the RTI Act, 2005, and

(a)     CPIO either provides me the information requested for or states the refusal with reasons as given in Section 7 (8) of the RTI Act, 2005, and

(b)     In case of a refusal to provide information, CPIO may provide particulars of the FAA of TRIPAS to file the first appeal, or

(c)     If TRIPAS decides to deny the information in contravention of Section 7 (9) of the RTI Act, 2005, CPIO may treat this as a notice required under the Rules for lodging a complaint under Section 18 (1) of the RTI Act, 2005 in case information is not provided by 20 Jan 15 i.e. within 30 days from TRIPAS letter dated 19 Dec 14..  

Sd/-----------------------

(S Y Savur)

Air Mshl, Veteran

Reply of TRIPAS dated 21 Jan 2015

C/7026/VIIth CPC                                                                21 Jan 2015

REQUEST FOR INFORMATION

Sir,

1.       Please refer to your letter SYS/RTI/2014/62182/JSM dated 05 Jan 15 (received on 09 Jan 15).

2.       Your request for a copy of ‘Joint Services Memorandum’ (JSM) forwarded to 7^th CPC has been re-examined by Services HQ. The issue was also discussed at a Special Tri-Service meeting held on 21 Jan 15.

3.       It has been decided by the competent authority that the JSM is held in fiduciary capacity by Services/TRIPAS and cannot be made public at this stage. The information is therefore denied in accordance with Section 8 (1) (e) of RTI Act, 2005.

4.       However, in order to address your concern and apprise the serving as well as retired personnel about the proposals forwarded to the 7^th CPC the Services would be making presentations on these proposals. The IAF has been requested to intimate the details of such presentation being planned near your location. 

Sd/-----------------

(VS Chauhan)

Commander

Director TRIPAS

Copy to: -

Air Force Pay Commission Cell, Air HQ

Vayu Bhawan, Room No. 461.

Angst of a Serving Defence Personnel

Email forwarded to me

 Date: Thu, Jan 22, 2015 at 7:33 PM
Subject: Fwd: Oh India…. Why do I still serve you A Poem by a serving Officer

Am sure all of you will go through this poem.

Regards,

J K Kaushik

96th Pilots Course

Dear All

I received this mail today.  It very beautifully describes the angst of the Armed forces against continuous betrayal by the Country. Worth a read. 

A poem by a young Indian Army Officer.

It has been composed by a fourth generation, 24-year old career officer in the Indian Armed Forces, spurred by the report of the Sixth Pay Commission and an insensitive article written by a 'respectable' citizen of the country in a national daily on the armed forces and the pertinence of the Sixth Pay Commission therein.

This free-flowing verse has not been edited; it's to ensure that the originality of the angst is maintained. After all, when you are in pain, the language of expression is the last thing in your mind

Author Unknown

Quote

“How you play with us, did you ever see?

At Seven, I had decided what I wanted to be;

I would serve you to the end,

All these boundaries I would defend.

Now you make me look like a fool,

When at Seventeen and just out of school;

Went to the place where they made "men out of boys"

Lived a tough life …sacrificed a few joys…

In those days, I would see my 'civilian' friends,

Living a life with the fashion trends;

Enjoying their so called "College Days"

While I sweated and bled in the sun and haze…

But I never thought twice about what where or why

All I knew was when the time came, I'd be ready to do or die.

At 21 and with my commission in hand,

Under the glory of the parade and the band,

I took the oath to protect you over land, air or sea,

And make the supreme sacrifice when the need came to be.

I stood there with a sense of recognition,

But on that day I never had the premonition,

That when the time came to give me my due,

You'd just say," What is so great that you do?"

Long back you promised a well to do life;

And when I'm away, take care of my wife.

You came and saw the hardships I live through,

And I saw you make a note or two,

And I hoped you would realise the worth of me;

But now I know you'll never be able to see,

Because you only see the glorified life of mine,

Did you see the place where death looms all the time?

Did you meet the man standing guard in the snow?

The name of his newborn he does not know...

Did you meet the man whose father breathed his last?

While the sailor patrolled our seas so vast?

You still know I'll not be the one to raise my voice

I will stand tall and protect you in Punjab Himachal and Thois.

But that's just me you have in the sun and rain,

For now at Twenty Four, you make me think again;

About the decision I made, Seven years back;

Should I have chosen another life, some other track?

Will I tell my son to follow my lead?

Will I tell my son, you'll get all that you need?

This is the country you will serve

This country will give you all that you deserve?

I heard you tell the world "India is shining"

I told my men, that's a reason for us to be smiling

This is the India you and I will defend!

But tell me how long will you be able to pretend?

You go on promise all that you may,

But it's the souls of your own men you betray.

Did you read how some of our eminent citizens

Write about me and ridicule my very existence?

I ask you to please come and see what I do,

Come and have a look at what I go through

Live my life just for a day

Maybe you'll have something else to say?

I will still risk my life without a sigh

To keep your flag flying high

But today I ask myself a question or two…

Oh India…. Why do I still serve you. "

RDOA will not participate in IESM agitation

Message from RDOA  is reproduced below:

Retired Defence Officers' Association is against the agitation proposed by IESM on 01 Feb 2015 and will not participate in it.

President/Secretary, RDOA

09871351203, 09818039172

Where is the OROP heading

It is with considerable interest that I read the musings/op ed of Brig V Mahalingam (retd), a noted TV debater/expert and of Col Rajvardhan Singh Rathore (retd), MP and now Hon'ble MoS respectively on the OROP. I do not wish to comment nor am I qualified or knowledgeable enough to do so.

But their learned comments sparked off some questions.

1. What happens in the OROP of the pre-AVSC Majors and Lt Cols with 26 years of service? Would they want the pension of Lt Cols and Cols? 

Would they be satisfied if a Major (with 26 years service) was given OROP based on an extended table i.e. 13 years table of a Lt Col with an average of Grade Pay of Major and Lt Col (i.e Rs 8000-6600= 1400 divided by 2 = Rs 700) extended to 26 years of service as on 1.4.2014?  

Similarly, would the Lt Col with 26 years service be satisfied with an OROP based on an extended table i.e.  20 years of Col with an average of Grade Pay of Lt Col and Col (i.e. Rs 8700-8000= Rs 700 divided by 2 = Rs 350 extended to 26 years of service as on 1.4.2014?

2. Has the equalisation of 3% been misunderstood to mean increment of 3% annually? Suppose two Lt Cols A born on 01 Jul and the second B on 02 Jul. A would retire on 30 Jun and B on 31 Jul. A would not get the increment that B gets. Now what happens if both had the same number of years of service on retirement? Shouldn't their pensions be equalised? Wouldn't it be acceptable as the financial effect may be 1 to 2 % of the total?

3. How would the financial outgo be impacted if Army which has a larger number of Y Group puts in a case for X Group pension for all? Will there be lesser effect in the Navy and Air Force, which has a larger number in X Group? 

4. If service in the rank is to be the criteria for OROP, then wouldn't we need different tables for each Service, each Arm/Service/Branch/Trade? As service records are destroyed after a certain number of years, who and how would this data be provided? Because not every one is provided with or keeps copies of Casualty Reports (and equivalents in the Navy and Air Force)! And how will the clerk in the Banks calculate pension at every subsequent change for at the moment he has tables (in Circular 500 and 501) and where the X axis (rank) intersects with the Y axis (years of service) is where he/she obtains the pension due amount!!!

5. A figure of Rs 14000 crores would probably arise if CGDA (or PCDA (P)) decided that maximum years of service in the X axis and Rank in Y axis in Circulars 500 and 501 multiplied by the number of Lt Cols  Rs 26265), Cols (Rs 27795) and Havildars (Rs 9145) and equivalents (the largest strength)with 28years of service or more. Wouldn't it be prudent to take some real data say over the past 3-5 years to determine the actual years of service, which would definitely be less than the highest amount taken for calculations.

6. There are an increasing number of cases where Brigs, Cols, even some Lt Cols & equivalents, drawing Pay in the pay band + Grade Pay + MSP higher than Vice Chiefs and Army Cdrs and equivalents. Is there a case of OROP for the Maj Gens, Lt Gens and Apex scale?        

 7. Do the following tables (in circulation elsewhere) meet the points above?

QS	LT	CAPT	MAJ	LT COL	COL	BRIG	MAJ GEN	LT GEN	LT GEN (HAG+)	VCOAS	COAS
10	16715	17560	22546	23246	23596	23696
11	17130	18000	23133	23833	24183	24283
12	17555	18450	23737	24437	24787	24887
13	17995	18915	24359	25700	26050	26150
14	18445	19395	25000	26385	26735	26835
15	18910	19890	25660	27815	27815	27915
16	19390	20400	27115	27815	28920	29020
17	19885	20925	27860	28560	28560	28660
18	20395	21465	29400	30100	30495	30595
19	20920	22020	30095	30795	31980	32080
20	21460	22595	31790	32490	32850	32950
21	22015	23185	31790	32490	33770	33870
22	22590	23795	32515	33215	34520	34620
23	23180	24420	32515	33215	34535	34785
24	23790	25065	32525	33225	34535	35555
25	24415	25600	32525	33225	34560	35605
26	25060	25600	32525	33225	35275	36420
27	25060	25600	33295	33995	36080	37255
28	25060	25600	33295	33995	36095	37255
29	25060	25600	33295	33995	36930	37275
30	25060	25600	33295	34765	36940	37280
31	X	X	X	34765	36950	37975
32	X	X	X	34765	36975	39020
33	X	X	X	X	38865	39025
34	X	X	X	X	38865	39025
35	X	X	X	X	38865	39035
36	X	X	X	X	X	39035
37	X	X	X	X	X	39035
38	X	X	X	X	X	39035
39	X	X	X	X	X	X	41500	42500	43000	44000	48000
Ord Fam Pension	15036	15360	19977	20859	23319	23421	24900	25500	25800	26400	28800
Disability element for 100% disability	15036	15380	19977	20859	23319	23421	24900	25500	25800	26400	28800

Note:

1.                Table has been made using real date available and best across three Services.

2.                For Majors, pension has been fixed based on the pension  of higher rank

3.         For Lts and Capts, pension is based on VI CPC pay fixation.

4.         MSP has been granted notionally to Major Generals and above to grant higher pension vis-à-vis Brigadiers.

5.         The Enhanced Ordinary Family Pension will be equivalent of the re-fixed retiring pension, Special Family Pension will be 120% of the re-fixed retiring pension and Liberalised Family Pension will be 200% of re-fixed retiring pension.

6.         For lower disability (less than 100%) the above figures will be reduced as applicable.

Revised Pension with effect from 01 Apr 14: ORs/JCOs/Hony Ranks
QS	Ranks
	Sepoy	Naik	Havildar	Nb Sub	Sub	Sub Maj	H Lt	H Capt
15	8365	8760	9390	11635	12355	12800
16	8365	8760	9390	11635	12355	12800
17	8365	8840	9685	11635	12355	12800
18	8810	8845	9685	11635	12355	12800
19	8815	9015	9685	11635	12420	12885
20	9350	9550	9750	11635	12775	12885
21	9410	9610	9810	11635	12935	13705
22	9410	9610	9810	11635	13445	13935
23	X	9730	9930	11635	13450	14165
24		9730	9930	11635	13885	14405
25		X	9930	11635	13885	14405
26			9930	11635	14575	15075	15075
27			X	11735	14575	15075	15075
28				11735	14575	15310	15425
29				11865	15015	15545	15545
30				12030	15015	15790
31				12195	15015	16020
32				12360	15015	16020
33				12685	15015	16020
34				12845	15015	16020
35				12845	15015	16020
36				12845	15015	16020	16160
37				12845	15015	16020	17130	17905
38				12845	15015	16020	17130	17905
39				12845	15015	16020	17130	17905
Ord Family Pension	5646	5838	5958	7707	9009	9612	10278	10743
Disability element for 100% disability	5646	5838	5958	7707	9009	9612	10278	10743

Note: -

1.         Table has been made using real data available and best across three Services.

2.         Stepping up has been done in cases where the pension for greater length of service in a rank is lower than the lesser length of service in the same rank.

3.         Stepping up has also been done in cases where the pension in senior rank is lower than a junior rank for the same length of service.

4.         In cases where real data is not available, the data of next rank for same length of service has been used reducing the pension by half the difference in grade pays.

5.         The Enhanced Ordinary Family Pension will be equivalent of the re-fixed retiring pension, Special Family Pension will be 120% of the re-fixed retiring pension and Liberalised Family Pension will be 200% of re-fixed retiring pension.

6.         For lower disability (less than 100%) the above figures will be reduced as applicable.