Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/AT/A/2010/001159/SS
Name of Appellant : Shri J.S. Ahir
Name of Respondent : Coal Mines Provident Fund Organization
Date of Hearing : 24.10.2011
ORDER
Shri J.S. Ahir, the appellant has filed this appeal dated 22.9.2010 before the
Commission against the Coal Mines Provident Fund Organization (CMPFO), Dhanbad for
not providing information to his RTI-request dated 22.6.2010. The matter came up for
hearing on 24.10.2011 through videoconferencing. No one attended the hearing.
2. The appellant through an RTI-request dated 22.6.2010 sought information on four
queries relating to his pension in respect of CMPF No. B/567568 who retired from J.K.
Nagar Colliery – “(1) That I was a live member of CMPFS, 1971 and CMPS-98 considering the
deductions made from my monthly salary up to the last month of my service i.e. up to the month
fo May, 2008; (2) That enclosed please find herewith the copies for Form PS-3 and Form PS-4
duly Authenticated by the Asstt. Commissioner-II, CMPF Office (R-II), Asansol with signature and
seal from your end; (3) That as per well settled principle of law and even prescribed directives of
the Gazette of India: Extraordinary, Ministry of Coal, Notification G.S.R. 154(E) dated 5.3.2009
and G.S.R. 774(E) dated 22.10.2009 duly communicated by the Commissioner, CMPF, Dhanbad
vide their letter No. CMPFO/MT/116(7) Gazette Notification/Vol.864 dated 2.12.2009. I am 100%
eligible for receipt of my own pension since June, 2008 as per above directives; and (4) That
apart from above a subsequent Form PS-1 was again forwarded by my former employer i.e. J.K.
Nagar Colliery duly opted for regularization of my pension and you have received the same vide
Peon Book/letter No. 1479 dated 10.7.2009.” The CPIO, CPFO, Asansol vide letter No. CPF-
16/RTI/Sat/Asn-6-II/1594 dated 1.7.2010 informed the appellant that CMPF A/C No.
2 Case No. CIC/AT/A/2010/001159/SS
B/56768 was initially ‘N’ number and further submitted PS-1 not to join the Pension
Scheme in 1998. Hence he was not entitled for the pension under CMPS 98. And his
subsequent PS-1 was also being rejected on the ground that he had already exercised his
option in PS-I in 1998.
3. Aggrieved by the reply of CPIO, the appellant preferred first-appeal on 21.7.2010
before FAA. The FAA vide order No. CMPFO/AA/2010/ASN-II/275/140 dated 24.8.2010
upheld the CPIO’s reply on the following grounds:
“(i) Necessary amendment, extending the time limit (for further 266 days) for
exercising the option in Form PS-1 or PS-2 under CMPS, 1998 was notified in the
Gaze of India dated 5.3.2009 with a view to provide the benefit to those eligible
retired persons, who could not submit their option earlier or who submitted
affirmative Option either in PS-1 or PS-2, which shows their intention to join the
CMPS, 1998. This benefit is not available to those, who had once submitted
negative option (in the instant case during the year 1998) in PS-1 or PS-2 for “not
to join the Coal Mines Pension Scheme, 1998”. This matter also clarified by the
Commissioner, CMPFO, Dhanvad vide Circular No. CMPFO/MP/116(7) dated
7.8.2009; (ii) As per Gazette notification vide GSR 774(E) dated 2.10.2009, apart
from others, it was provided that where a member had filled up form PS-3/PS-4, it
shall be presumed that the member had intention to join the CMPS, 1998. But in
the instant case, in which the member has shown his intention “not to join the
CMPS, 1998″ by exercising Option in Form PS-1/PS-2, he cannot be allowed
again to submit his Option in PS-1/PS-2, as the case may be. In such cases, the
submission/authentication of Form PS-3/PS-4 does not make him eligible for
Pension Membership under CMPS, 1998; and (iii)The proof of erroneous
deduction/diversion of Contributions made by the colliery management towards
Pension Fund cannot be used to override the conditions enumerated in the
eligibility criteria of an employee to become a member of CMPS, 1998.”
4. Having perused the relevant documents in file, the Commission is of the
considered view that requisite information as per records and permissible under the RTI
Act, has been provided to the appellant by respondent. The replies of respondent are
upheld.
3 Case No. CIC/AT/A/2010/001159/SS
The matter is accordingly disposed of at Commission’s end.
(Sushma Singh)
Information Commissioner
28.10.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Deputy Registrar
Address of the parties:
Shri J.S. Ahir,
C/O D.K. Routh, Rambandhu Tala,
Aradanga P.O.,
Asansol-713303,
District Burdwan (WB).
The CPIO,
Office of the Regional Commissioner
Coal Mines Provident Fund Office,
Region-II, Near B.B. College Road,
Ushagram,
Asansol-713303.
District Burdwan (WB)
The First Appellate Authority,
Office of the Commissioner of
Coal Mines Provident Fund Organization,
Near Police Line, Hirapur,
Dhanbad-826014 (Jharkhand)