Since when is the amendment of the pension rule 49 (2) applicable?
The appellant had retired in 1995. He referred to the amendment of the pension rule 49 (2) with effect from January 1, 2006 and filed an application under the Right to Information (RTI) Act with the Department of Pensions & Pensioners’ Welfare seeking to know the rules under which he should be getting his pension. He specifically wanted to know whether he should be getting the pension as per the rules prevalent at the time of his retirement or as per the amended rule. The Public Information Officer (PIO) informed him that the amended rule had only prospective effect and was not applicable to those who retired before 1 January 2006.
View of CIC
The Central Information Commission (CIC) held that the information provided by the PIO is entirely in order. The CIC held that the appellant is free to challenge the government decision in an appropriate forum if he thinks that he too should get pension in terms of the amended rule.
Citation: Mr. Ranen Bhadra v. Department of Pensions & Pensioners' Welfare in File No.CIC/SM/A/2013/000090
RTI Citation : RTIFI/2013/CIC/1408
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