Law ministry denies RTI seeking opinion over HC judgement on payscales of data operators

Law ministry denies RTI seeking opinion over

HC judgement on pay scales of data entry operators

*Chapter 1 (f) of the RTI act 2005 states

all opinions could be accessed by public authority

C Shivakumar

Chennai:

The Ministry of Law and Justice, which enacted the Right to Information Act, has denied information pertaining to advises or opinion tendered by the ministry on four judgements of different high courts across the country on pay scales of data entry operators working in different ministries.



The RTI which was filed by one TVLN Mallikarjuna Rao seeking the information on law ministry’s alleged different opinions on the pay scales of data entry operators, working in different ministries as the ministry has failed to implement the fifth pay commission’s recommendations, was denied as the advice tendered are confidential and in fiduciary relationship.



Interestingly, as per the Chapter 1 (f) of the RTI act 2005, information means all opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, data materials in any electronic form and information relating to any private body can be accessed by a public authority.



Rao said the application was filed to find out the law ministry’s opinion over the Mumbai High Court judgement on 2008 and judgements issued by other high courts relying the said Bombay High Court judgement over the pay scales of data entry operators working in Controller General of Defence Accounts.



The RTI query will help bring in a uniform fifth Central pay commission scales across various departments of government of India.



Citing Supreme Court judgements on numerous cases including G C Ghosh versus Union of India 1992 to minimize the service litigations, the fifth pay commission has recommended that decisions taken in one specific case either by the judiciary or the government should be applied to all other identical cases without forcing other employees to approach the court of law for an identical remedy or relief, said Rao.



“I have sought opinions tendered on four judgements of different high courts, but the Central Public Information Officer of the ministry has denied the information that the queries are neither specific nor clear as there is no date and file number in respect of which the information is sought,” Rao said, adding that, “No RTI applicant will be able to supply file number and date unless otherwise it is uploaded on the website.”



Surprisingly, the ministry which has stated the information as confidential, has suggested that the applicant approach the concerned ministry or department. “If the information is so confidential how can they suggest that I approach other department to get the information,” said Rao.



“Now I have filed a second appeal with Central Information Commission (CIC) in New Delhi seeking its intervention in the matters,” he added