Is the adopted child entitled for the family pension?
22 Jul, 2012Background
An application under right to Information (RTI) Act was filed with the Public Information Officer (PIO), Railway Board asking a review of the representation addressed to the Railway Minister by the appellant and to provide information. The Public Information Officer (PIO) informed the appellant that in terms of Rule 75(19)(b)(iii) of the Railway Services (Pension) Rules, 1993, son/ daughter adopted legally by the Railway servant shall be treated as family for the purpose of family pension. Child adopted by the spouse after the death of the Railway servant will not be entitled to get family pension. The applicant filed an appeal with the First Appellate Authority (FAA) seeking the exact rule wherein it is written that the Child adopted by the spouse after the death of the Railway servant/ pensioner will not be entitled to get family pension. The respondents submitted that the rule stating that Child adopted by the spouse after the death of the Railway servant/ pensioner will not be entitled to get family pension is not available in the records and that it is only an interpretation of the actual rule used by the Public Authority while settling similar pension matters.
View of CIC
The Central Information Commission (CIC) rejected the appeal observing that the rule being sought by the appellant is not available in the form in which the Public Authority has interpreted the rule and that therefore there is nothing available for the PIO to disclose further.
Citation: Mr. Naresh Kumar v. Ministry of Railways in File No: CIC/AD/A/2012/001190
RTI Citation : RTIFI/2012/CIC/495
Click here to view original RTI order of Court / Information Commission