CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/C/2008/00443
Dated, the 03rd December, 2008
Complainant : Shri D.K. Soni
Respondents : Coal Mines Provident Fund Organization
This matter came up for hearing on 01.12.2008. Complainant was present
in person, while the respondents were present through Shri A.N. Bhattacharjee,
Coal Mines Provident Fund Commissioner and Shri A.K. Sinha, Regional
Commissioner, CMPFO, Asansol.
2. The point which emerged during the hearing was that two arrears of
pension ⎯ Rs.23,568/- and Rs.31,724/- respectively ⎯ were admitted as payable
to the complainant’s widowed mother as family pension for her late husband,
Shri Ramlal Sonar. The second tranche of Rs.31,724/- was paid to the
complainant’s mother in July, 2008.
3. To a pointed question by the Commission as to why this second tranche
was paid so late, although the arrear was admitted, the Regional Commissioner
stated that his office did not even know that this amount was not paid to the
complainant’s mother, which was the responsibility of the IDBI Bank. On
receiving the complainant’s petition about the outstanding arrear, the Regional
Commissioner verified this matter and determined the arrear pay-out which was
credited into the complainant’s mother’s pension account.
4. According to the Regional Commissioner, all pensionary entitlement of
the complainant’s widowed mother has been paid to her and according to their
calculation, nothing remained to be paid.
5. The complainant contested this vigorously. He stated that he had been
made to run from pillar to post to gain even the monies which was legitimately
his mother’s. According to him, the following amounts are still outstanding:-
(i) The total outstanding arrears towards past pensionary demands is
Rs.5,819/- The complainant was not in a position to give the
month-wise break-up of the above amount.
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(ii) He has also stated that Revised Pension from 08.11.2000 to the
year 2008, which was due to his father when he was alive (his
father passed away on 29.06.2006) and the family pension for his
mother is due and this needs to be calculated.
6. The Regional Commissioner stated that the Revised Pension has been
settled and they propose to give an appropriate advice to the SBI, Dhanbad for
crediting the amount appropriately.
7. Respondents pointed out that they would expect the complainant to close
down some of the Bank Accounts, which stand in his mother’s name which,
according to them, is creating difficulties in crediting the monies. Complainant
pointed out that there were no multiple accounts in his name or in his mother’s
name. The same account number was revised by the Bank and this has been
intimated to the respondents. The CMPF Commissioner said that he would
investigate this matter and suitably advise the Bank as well as the complainant.
8. CMPF Commissioner also stated that the complainant’s widowed mother
should produce before the Bank the Life Certificate, which according to him was
not produced for the years 2006, 2007 and 2008. Without the Life Certificate
being issued, it would not be possible for the Bank to pay the amount to the
complainant’s mother even if the Pension Payment Authority authorized the
Bank for this payment. The complainant is advised to produce the Life
Certificate at least for the year 2008 and send a copy to the CMPF
Commissioner, Dhanbad. The Commissioner also promised that he would study
this matter in depth and settle this to the entire satisfaction of the complainant
and will ensure that no systemic failures, which prevent monies going into the
accounts of the beneficiaries regularly, should occur!
9. It is, therefore, directed that within 4 weeks from the date of the receipt of
this order, the CMPF Commissioner, Shri Bhattacharjee shall conduct a hearing
at Dhanbad, in which he shall summon the Regional Commissioner, Asansol
with all related records and files. He may also invite the complainant, the
representatives of the Banks concerned and the representatives of the
complainant’s late father’s employers (i.e. Satgram (R) Colliery) to the hearing.
In this hearing, the Commissioner, CMPF shall collect from the complainant the
necessary documentation relevant for smooth payment of all his pensionary dues
and future pensionary payments and settle the matter once and for all.
He should submit a report to the CIC immediately thereafter.
10. The CMPF Commissioner should also explain as to how such detriment
was caused to the complainant by delays in arrear payments and regular payment
of funds into the pension account of the complainant’s widowed mother.
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11. Reschedule for further hearing.
12. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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