Central Information Commission Judgements

Shri John Britto vs Southern Railway, Chennai on 27 January, 2010

Central Information Commission
Shri John Britto vs Southern Railway, Chennai on 27 January, 2010
                 Central Information Commission
                                                             CIC/SG/A/2009/001169-AD
                                                                 Dated January 27, 2010

Name of the Applicant                      :   Shri John Britto

Name of the Public Authority               :   Southern Railway, Chennai

Background

1. The Applicant filed an RTI application dt.21.10.08 with the PIO, Southern Railway,
Trichy. He stated that he was working as Pass.Dr. under the control of CRC/TPJ and
retired from Railway service on 16.12.05 and after his retirement he was drawing his
pension through Indian Bank, Trichy. He requested for his revised pension fixation
details together with the calculation details as per the Sixth Pay Commission.Shri
A.P.Muthuramalingam, PIO replied on 14.11.08 enclosing the information dt.6.11.08
received from Shri R.Mohan, DPO stating that the applicant’s pension fixed at the time
of his retirement is Rs.8924/- + admissible relief and the equivalent pension as per
Sixth Pay Commission is Rs.20169/- + admissible relief with effect from 1.1.06. He
advised the Applicant to contact the concerned pension disbursing authority for the
revision of pension and also for the calculation details. The Applicant filed an appeal
dt.13.12.08 with the Appellate Authority stating that as per the Sixth Pay Commission,
he has been informed that the revised pension is shown as Rs.20169 + relief but this
was not drawn in his favor in the Bank. He added that on enquiry, they asked him to
produce the calculation sheet and the orders existing in this respect. He requested
that the calculation sheet particulars, orders existing etc, be furnished to him in this
regard. He also added that the copy of the advisory letter to the Bank be given to him
so that he can approach the Bank as the revised pension has not been implemented
till date. Shri R.Mohan, DPO replied on 29.1.09 stating that the Applicant was
erroneously advised that his revised pension as per the Sixth Pay Commission is
Rs.20169 + admissible relief with effect from 1.1.06 onwards in response to his
representation addressed to Pension Adalat 2008 instead of his correct pension
Rs.13446 + relief admissible. He also enclosed the necessary calculation sheet for
revision of pension, consequent on the implementation of the Sixth Pay Commission
from Jan.2006 to Aug.2008. Being aggrieved with the reply, the Applicant filed a
second appeal dt.25.4.09 before CIC stating that he has been informed about the
correct fixation of his pension as recommended by the Sixth Pay Commission and he is
now confused with the different advices given by the Pension Adalat and the
Appellate Authority’s. He also requested that letter from Pension Sanctioning
Authority to Pension Disbursing Authority be issued with a copy to him which will be of
great help to him to get his correct pension.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for January 27, 2010.

3. Shri R.K.Mohan Narayanan, PIO was heard through audio.

4. The Appellant was heard through audio conferencing.
Decision

5. Shri R.K.Mohan Narayanan, PIO submitted that the Appellant’s pay as Rs.20169/- was
erroneously calculated and informed and that his actual fixation is Rs.13,446/-.

6. The Commission after hearing the submissions noted that this is a grievance matter.

However, in the interest of the Appellant, the Commission directs the PIO to allow
inspection of relevant files by the Appellant on a mutually convenient date and time
and to provide him with copies of documents he requires, free of cost. The PIO is also
directed to inform the Bank from where the Appellant draws his pension the exact
pension admissible to him, while furnishing to the Bank the necessary documents,
under intimation to the Appellant. The information to be provided to the Appellant by
28 February, 2010.

7. The appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Deputy Registrar

Cc:

1. Shri J.M.John Britto
No.208, South Extension
10th Cross, Amman Nagar
Kattur
Trichy 620 019

2. The PIO
Southern Railway
Divisional Railway Manager’s Office
Commercial Branch
Tiruchirapalli

3. The Appellate Authority
Southern Railway
Divisional Railway Manager’s Office
Commercial Branch
Tiruchirapalli

4. Officer incharge, NIC

5. Press E Group, CIC