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Decision No. CIC/SG/A/2009/001320/4016
Appeal No. CIC/SG/A/2009/001320
Relevant Facts
emerging from the Appeal
Appellant : Mr./Mrs. Nishchint
65, New Rajdhani Enclave
Delhi.
Respondent : Mrs.Lalita Kharabanda
Principal & PIO
Balvantray Mehta Vidya Bhawan
Sr. Sec. School of Servants of the
People Society (Delhi Branch)
Lajpat Bhawan, Lajpat Nagar IV,
New Delhi-110024.
RTI application filed on : 17/02/2009 PIO replied : 13/03/2009 First appeal filed on : 18/03/2009 First Appellate Authority order : Not replied Second Appeal received on : 20/05/2009 Information sought: -
The Appellant was retired from B.R.Mehta Vidya Bhawan Senior Secondary School
Lajpat Bhawan on 30.11.2008 and have not been paid Appellant’s retirement dues even
after 78 days. Now the Appellant had sought following information under RTI Act:-
Sr. Information PIO's reply No. sought
1. What is the status Retirement papers were submitted to Account Officer, Distt.
of Appellant’s file South on 12.11.2008 after fixation of Pay as per VI Pay
of retirement? Commission Report.
The daily progress File as re-submitted on 5.12.2008 after rectification of
report of his file. pension as per new rule.
Dte.of Education verified all the documents & asked to
deposited Pension Contribution Rs.2847/- to PAO-II,
R.K.Puram, which was deposited on 25.02.09.
2. What is the The procedure for disbursement of retirement benefits is that
procedure for the papers are forwarded to the respective DDE, who in turn
disbursement of forwards to the respective PAO, who makes the payment.
retirement After disbursement of the benefits, Leave Encashment is
benefits such as calculated at School level as & when the Service Book of the
Gratuity, employee is returned by the PAO.
insurance, Leave
encashment and
disbursement of
pension?
3. Name and Name of the teacher/Principal who retired during the
Number of period 01/01/04 to 31/01/2008 are detailed below:-
teachers/principals
retired during the Sl.No. Date Date of
last five years of Payment of
from 01.01.2004 Retire DCRG &
to 31.12.2008 ment Pension
from B.R.Mehta 1. Mr.R.S.Dass 30/04/2004 18/07/2004
Vidya Bhawan 2. Mrs.Kamlesh Sharma 31/12/2005 14/02/2006
Senior Secondary
School Lajpat 3. Sh.R.K.Gupta 31/01/2007 12/03/2007
Bhawan.
4. Mrs.Satish Narang 31/08/2007 15/02/2008
5 Sh.J.B.Singh 31/10/2007 25/02/2008
6. Mrs.Sushma Lamba 31/12/2007 04/05/2008
4. No. of days taken School Administration sent the papers for the payment of
by school retirement benefits to Dte. of Edn.in time for further
administration in procession. School Administration cannot comments on the
paying their numbers of days taken by the DDE/PAO. In this case School
retirement Administration forward Appellant's papers to DDE on
benefits including 13/11/2008 after fixation of the Pay as per VI Pay
PF, Gratuity, Commission norms.
insurance, Leave
encashment and
disbursement of
pension.
5. What is the We cannot Comment.
maximum limit
for paying
retirement
benefits?
6. Whether the time Time taken by School in each case is as per norms.
taken by the
school
administration in
each case was
according to the
prescribed rules.
If not, who is
responsible for the
delay in each
case?
7. Whether any There has been no delay on part of School Admn., hence no
action has been action was required.
taken by the
school
administration or
by the concerned
office against the
delaying
officer/staff.
Grounds for First Appeal:
Not satisfactory reply.
Regarding Query no. 1- Daily progress report of Appellant’s file has not been sent to the
Appellant.
Query No. 2- Provide suitable reply of the question.
Query No. 3- There has been a delay of 2 months and 17 days to upto six month in each
case as indicated in reply at query no. 3. If this be the reply then why after 106 days of
Appellant’s retirement dues have not been paid. There is a delay either in the office of
Dy.Director of Education (South) or there may be some corrupt practices going on in
PAO for unnecessarily harassing the retired teachers/staff for getting their retirement
dues…..
Provide the requisite reply.
Order of the First Appellate Authority:
Not replied.
Grounds for Second Appeal
After more than one month, the Appellant had not got any reply from the Appellate
Authority in the case.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. /Mrs. Nishchint
Respondent: Mr. R.K. Wadera, PIO.
The Appellant has submitted the RTI to all the PIO, Deputy Director of the Education
(South). The PIO should have answered queries 5& 7 which he failed to do. The School
has supplied the information on the balanced points. The Appellant is rightly agitated
since she has been made to run from pillar to post to get her legitimate retirement dues. It
is a sign of complete insensitivity and lack of basic courtesy towards an employee who
has served for a long time and on retirement has to go begging from pillar to post to get
her legitimate dues. A society and the Government that proclaims special treatment to
senior citizens must find ways of ensuring a dignified retirement for those who have
served society.
Decision:
The appeal is admitted.
The PIO Deputy Director of Education (South) will provide the information on points 5&
7 before 23rd July 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free cost as per Section
7(6) of RTI Ac.
Shailesh Gandhi
Information Commissioner
7 July 2009
(In any correspondence on this decision, mentioned the complete decision number.)
AK
