Appellant sought Revised Pension upon retirement in 2005 - CIC: EDMC to furnish complete information about the calculations arrived at by them on the basis of Labour Court order, due drawn statement as furnished by appellant and the duplicate service book
Since both the parties are same, the above mentioned appeals and complaints are clubbed together for hearing and disposal. Case No. Filed on CPIO reply First appeal FAO 102206 22.10.2017 20.11.2017 28.11.2017 - - 140499 28.03.2017 27.04.2017 07.05.2017 - -
Information sought and background of the case:
Vide RTI application dated 22.10.2017, the appellant sought information regarding action taken on his application sent on 10.10.2017 to the Commissioner EDMC for providing pension and gratuity according to the order given by labour authority and other related information. Addl. MHO/EDMC vide letter dated 20.11.2017 transferred the RTI to the Dy. Health Officer, EDMC, Shahdara (South) Zone and The Accounts Officer, EDMC, Shahdara (South) Zone under section 6(3) of RTI Act, 2005. Being dissatisfied, the appellant filed first appeal dated 28.11.2017. Feeling aggrieved with no response from FAA, the appellant approached the Commission.
Vide RTI application dated 28.03.2017, the appellant sought information regarding action taken on his application sent on 04.02.2017 to the Commissioner EDMC for fixing pension and payment of outstanding amount on the basis of award based pay fixation and other related information. PIO (HQ) vide letter dated 27.04.2017 transferred the RTI to the PIO/Addl. MHO(PH), EDMC (HQ) under section 6(3) of RTI Act, 2005. Being dissatisfied, the appellant filed first appeal dated 07.05.2017. Feeling aggrieved with no response from FAA, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties are present for the hearing. Both the aforementioned cases arise out of same issue wherein the appellant has sought Revised Pension upon retirement in 2005. The appellant had contested his case before the Labour Tribunal and obtained a favourable order, yet the Respondents have not fixed his pension and other benefits, in terms of the directions of the Labour Court. Moreover, no information in response to the queries have been provided so far by the appellant, thereby causing him more distress.
Respondent states that the appellant’s pension has now been revised and enhanced twice pursuant to directions of the Labour Court. However, since the service book of the appellant is not available, the calculations were done on the basis of a duplicate service book provided by the appellant. Though some of the pension and other retirement benefits have been disbursed to the appellant, since some of the entries are not available in the duplicate service book, tallying the calculations is getting stalled. As per calculations which could be done on the basis of duplicate service book, and other available service and pension related documents, there appears some mismatch with the amount as claimed by the appellant. Hence, the delay in releasing the payments of the appellant. However, no cogent could be given by the Respondent for non furnishing of reply against the RTI application/s filed by the appellant.
Considering the factual matrix of the case upon perusal of records and hearing averments of the parties, the Commission hereby directs the appellant to furnish complete information about the calculations arrived at by them on the basis of Labour Court order, due drawn statement as furnished by appellant and the duplicate service book entries. Actual current status as specified, shall be furnished by the Respondent to the appellant within two weeks of receipt of this order, under intimation to the Commission.
The appeals are thus disposed of.
Citation: Shri Om Prakash Sharma v. Medical Health Officer, EDMC and others in F. No.CIC/EDMCS/A/2018/102206 CIC/EDMCS/A/2018/140499, Date of Decision: 10.08.2018