CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/C/2009/000458
Complainant : Dr. Ashok Kumar Agarwal
Public Authority : Employees State Insurance Corporation
(through Ms. Manju Swaminathan, Dy. Director)
Date of Hearing : 13.7.2009
Date of Decision : 13.7.2009
Facts
The matter, in short, is that Dr. Asha Agarwal was an employee of
ESIC. Due to ill health, she had submitted an undated application to the
authorities for seeking voluntary retirement which was diarised on 17.11.2007.
She, unfortunately, expired on 31.1.2008. The ESIC, however, gave her
voluntary retirement with retrospective effect on 9.4.2008, knowing fully well
that she was no more. It is in this connection that the appellant (husband of
diseased) had sought information on the following 07 paras vide his RTI
application dated 5.3.2009 :-
“(i) When was the request of Late Dr. Asha Aggarwal, CMO (NFGS) for
VRS received in your office;
(ii) When was this request accepted by the competent authority;
(iii) When was the order of acceptance of VRS conveyed to the applicant;
(iv) When ESI come to know about the death of Late Dr. Asha Aggarwal,
CMO (NFSC);
(v) Does the law permit acceptance of request for VRS with a retrospective
effect after the death of the applicant;
(vi) When was the representation of Dr. A.K. Aggarwal h/0 Late Dr. Asha
Aggarwal received against the order dated April 2008; &
(vii) The reasons for rejection of issues raised in the representation be
communicated a coy of the speaking order of the competent authority
with details of reasons for rejection of representation be supplied.
2. As he did not receive any response from the public authority, he has
filed the present complaint before the Commission.
3. The matter was heard on 13.7.2009. The complainant is present. The
public authority is represented by the officer named above. Ms. Swaminathan
submits para-wise information, a copy whereof is furnished to the
complainant. The core issue in the matter in hand is whether an employee of
ESIC can be given voluntary retirement with retrospective effect after his/her
expiry. Ms. Swaminathan would submit that voluntary retirement has been
given after proper examination of the matter. However, when queried to cite
the Rule under which this order has been passed, she would submit that she
will have to check up the position and seeks adjournment.
INTERIM DECISION
4. In view of the above, the matter is adjourned to 18.8.2009 at 1030 hrs.
Ms. Swaminathan is directed to intimate the Commission the relevant Rule
under which voluntary retirement was given to Dr. Asha Agarwal with
retrospective effect.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the Act, to
the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Address of Parties :-
1. Ms. Manju Swaminathan 2. Dr. Ashok Kr. Aggarwal
Dy. Director, V-3C, Satya Sadan,
Employees State Insurance Corp. Satya Marg,
Panchdeep Bhawan, CIG Road, New Delhi-21
New Delhi-02