The CIC directed the deputy director of education department to provide information to the appellant about the delay and action taken against persons responsible for it. This is the 130th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application
The Central Information Commission (CIC), while allowing an appeal, said, that the appellant was rightly agitated since she had been made to run from pillar to post to get her legitimate retirement dues. The Commission also directed the deputy director of 
education department to provide information about the delays, persons responsible for it and action taken against those responsible for the delay in providing retirement dues.
While giving this judgement on 7 July 2009, Shailesh Gandhi, the then Central Information Commissioner said, “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.”
Delhi resident husband and wife Nishchint, on 17 February 2009, sought information on her retirement dues from the Public Information Officer (PIO) of Balvantray Mehta Vidya Bhawan, Senior Secondary School of Servants of the People Society. Here is the information they sought under the Right to Information (RTI) Act and the reply given by the PIO...
1. What is the status of Appellant's file of retirement? The daily progress report of his file.
PIO's reply-
2. What is the procedure for disbursement of retirement benefits such as Gratuity, insurance, Leave encashment and disbursement of pension?
PIO's reply- The procedure for disbursement of retirement benefits is that the papers are forwarded to the respective DDE, who in turn forwards to the respective PAO, who makes the payment. After disbursement of the benefits, Leave Encashment is calculated at School level as & when the Service Book of the employee is returned by the PAO.
3. Name and Number of teachers/principals retired during the last five years from 01.01.2004 to 31.12.2008 from BR Mehta Vidya Bhawan Senior Secondary School Lajpat Bhawan.
PIO's reply- Name of the teacher/Principal who retired during the period 01/01/04 to 31/01/2008 are detailed below:-
Sl No | Name | Date of retirement | Date of payment of DCRG & Pension |
1 | Mr RS Dass | 30/04/2004 | 18/07/2004 |
2 | Mrs Kamlesh Sharma | 31/12/2005 | 14/02/2006 |
3 | RK Gupta | 31/01/2007 | 12/03/2007 |
4 | Mrs Satish Narang | 31/08/2007 | 15/02/2008 |
5 | JB Singh | 31/10/2007 | 25/02/2008 |
6 | Mrs Sushma Lamba | 31/12/2007 | 04/05/2008 |
4. Number of days taken by school administration in paying their retirement benefits including PF, Gratuity, insurance, Leave encashment and disbursement of pension.
PIO's reply- School Administration sent the papers for the payment of retirement benefits to Department of Education in time for further procession. School Administration cannot comments on the numbers of days taken by the DDE/PAO. In this case, School Administration forward Appellant's papers to DDE on 13 November 2008 after fixation of the Pay as per VI Pay Commission norms.
5. What is the maximum limit for paying retirement benefits?
PIO's reply- We cannot Comment.
6. Whether the time 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?
PIO's reply- Time taken by School in each case is as per norms.
7. Whether any action has been taken by the school administration or by the concerned office against the delaying officer/staff.
PIO's reply- There has been no delay on part of School Admn., hence no action was required.
Not satisfied with the PIO's reply, the Nishchints filed their first appeal. In the appeal, they stated....
"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 two months and 17 days to up to 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 deputy 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."
There was no reply from the First Appellate Authority (FAA) for over a month. After this, the Nishchints approached the CIC with their second appeal.
During the hearing, Mr Gandhi, the then CIC, noted that the appellant had submitted the RTI before all the PIOs and the deputy director of the education (South). The PIO should have answered queries 5 and 7 but failed to do so, while the school has supplied the information on the balanced points, he said.
He added, "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."
While allowing the appeal, the Commission then directed the PIO and deputy director of education (south) to provide the information on points 5 and 7 before 23 July 2009.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/A/2009/001320/4016
https://ciconline.nic.in/cic_decisions/SG-07072009-05.pdf
Appeal No. CIC/SG/A/2009/001320
Appellant : Nishchint
Delhi
Respondent : 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
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