Telangana High Court
Smt. M. Uma Devi Raj Kumari vs Union Of India on 10 March, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P. No. 1002 of 2019
ORDER:
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2. The present Writ Petition is filed by the petitioner praying to issue a Writ of Mandamus declaring inaction of Respondent No.2 to 5 and mechanical order passed by Respondent No.3 and failure to provide the complete information by the Respondent No.4 as sought in the main application by the petitioner dated 16.04.2018 as arbitrary, illegal and violative of Articles 14 & 16 of the Constitution of India and consequently set aside the mechanical order vide letter No.SR/RD/FAA/RTI/1682 dated 27.06.2018 passed by the Respondent No.3 and consequentially direct Respondent 2 to 5 to provide information sought by the petitioner vide application dated 16.04.2018.'
3. The case of the petitioner in brief is, as follows: 2
a) The petitioner is the elder daughter of late P.R.Babu Rao who had retired from Indian Airlines Limited at Chennai Branch on 30.06.1984 as charge hand. Petitioner's father died intestate on 08.12.1988 leaving behind two daughters Petitioner and Mira Kumari also two sons Sri. P.B.Renu Kumar and P.B.Surya Kumar as his legal heirs.
b) Petitioner's father has not received any kind of gratuity, P.F, V.D.A arrears etc., as full and final settlement during his livelihood nor the legal heirs of the petitioner's father received any kind of benefit amount.
c) Petitioner filed an Right to Information Act,application under Sec.6(1) of on 16.04.2018 to furnish the following information from office of Respondent No.4 & 5.
d) The Respondent No.5 had not responded to the Right to Information Application of the petitioner and Respondent No.4 has given information. As such, the petitioner filed an appeal under Sec.19(1) of Right to Information Act,2005 dated on 14.06.2018 before first Appellate Authority i.e.., Respondent No.3.But the Respondent No.3 had passed mechanical order vide letter No.SR/RD/FAA/RTI/1682 dated 27.06.2018 3 without giving any reason and upheld decision of Respondent No.4.
e) Aggrieved by the order, petitioner preferred second appeal on 16.07.2018 under Sec.19(3) of Right to Information Act,2005 before Second Appellate Authority i.e., Respondent No.2, seeking redressal of the grievance. But Respondent No.2 failed to provide any information. Hence this Writ Petition.
4. The case of the respondent ,in brief, is as follows:
a) Pursuant to policy decision taken by Government of India to disinvest 100% shareholding of Government in Air India Limited, M/s. Talace Private Ltd was declared successful bidder to buy 100% shares held by the Government of India.
b) Accordingly, on 27.1.2022 100% of the shares held by the Government in Air India Limited, were transferred to M/s.
Talace Private Limited and it's nominees. Thus, Air India Limited ceased to be a Government company. Hence, Air India Limited is not State within the meaning of Article. 12 of the Constitution of India and this Writ Petition is not maintainable. Further, in view of privatization, Air India Limited is no longer public authority as per RTI Act hence Writ 4 Petition filed under Right to Information Act is also not maintainable.
c) The Information sought for by the petitioner is 35years old and relating a personal information of former employee Late Sri P.R.Babu Rao a former employee of Air India Limited. The retirement of the petitioner's father was on 30.06.1984 as charge hand in Chennai.As per records, retirement amount payable to petitioner's father was settled by June 1986 as final settlement. As Air India Limited had it's own P.F. Scheme in which employee no. and PF account no. is same i.e..,612138.
d) Petitioner's father retired from service on attaining the age of superannuation. All the amounts payable on retirement were settled by June 1986.Only in the cases, wherethe employee expires before superannuation, the final settlement is made to nominee as declared by employee.
e) After receipt of the RTI application on 24.04.2018 the same was forwarded to CPIO and General Manager, Chennai and after perusal of records, it was informed by letter dated 22.05.2018 that petitioner's father retired as charge hand and 5 final settlement was made by June 1986 and there is no outstanding amount.
f) Petitioner not being satisfied with information provided, had filed an appeal before First Appellate authority on 14.06.2018.Appellate Authority and Regional Director, Air India Limited by reply dt 27.06.2018 upheld the decision of manager(Finance)& CAPIO.
g) Petitioner not being satisfied with the reply submitted second appeal before 2nd Respondent on 16.07.2018.Before awaiting verdict of 2nd Respondent for the appeal, present Writ Petition has been filed. However, the 2nd respondent held the hearing on 28.01.2020 for hearing and after hearing the arguments of both side, the Commission gave communicated its decision.
h) In compliance of the order of the Commissions, all the information available was provided to the petitioner by letter dated 31.01.2020 and a copy was sent to Commission.
i) Petitioner was provided with all the information available. All the amounts payable was paid to the father of petitioner. Petitioner's father retired on superannuation. 6 Children of deceased cannot claim any benefits as all the accounts were cleared. Hence, there are no merits in the Writ Petition and is liable to be dismissed.
5. The order dated 22.05.2018, vide ref. No.GM(F)& CPIO/SR/RTI/49 of the Air India Limited, reads as under:
This has reference to you RTI application dated 16.04.2018 addressed to General Manager-Personnel, Chennai and received by us on 23.04.2018 and a copy of the application addressed to General Manager- Personnel, Hyderabad and received by us on 24.04.2018.
The information sought pertains to third party and exempted in terms of Section 8(1)(J) of the RTI Act. However, considering that the matter pertains to a deceased employee it has been decided to provide the information.
The application has been forwarded to us as the subject matter is closely related and held by us.
The information sought pertaining to your query as per records available with us is given below :
Sl.No. Query Reply
1) What are the Mr. P.R. Babu Rao #
pending due amount 612138 retired as Charge
towards gratuity, PF, Hand in Chennai on
VDA arrears etc., of 30.06.1984.
my father late P.R.
Babu Rao, which is
still to be received
7
2) Provide the details As per the records
of the Provident Fund available with us, amounts
Account Number of my payable on account of the
father Late P. Babu Final Settlement including
Rac where the all arrears payments has
provident fund been made in the month of
amount has been June 1986. There is no
transferred if any? outstanding amount lying
in his Final Settlement
account.
However, the appeal lies with the Appellate Authority and in case you are not satisfied with the above reply, you may appeal as per section 19(1) of the RTI Act, 2005 within 30 days from the expiry of such period or from the receipt of such a decision, whose name and address are given below :
Shri M.V. Joshi, Regional Director (SR) & Appellate Authority, Air India Ltd.
Airlines House, Meenambakkam, Chennai-600 027.
6. The order dated 27.06.2018, vide ref. No.SR/RD/FAA/RTI/1682 of the Appellate Authority and Regional Director (SR) of Air India Limited, read as under:
This has reference to your appeal dt. 30.05.2018 received by us on 18.06.2018 addressed to the Regional Director (SR) & Appellate Authority, Air India Ltd., Airlines House, Meenambakkam, Chennai - 600 027 against the reply of Manager (Fin) & CAPIO under ref. GM(F)&CPIO/SR/RTI/49 dt. 22.05.2018 with reference to your RTI application dt. 16.04.2018.8
I have perused your application and appeal in detail.
I hereby uphold the decision of the Manager (Fin) & CAPIO, Air India Ltd., Southern Region in this regard.
Since this is only an appeal and does not need payment of fees, the postal orders for Rs.50/- sent by you is returned herewith.
7. The information sought for by the Petitioner as per the application of the Petitioner dated 16.04.2018 is as follows :
1) What are the pending due amount towards gratuity, P.F VDA, arrears etc of my father late P.R. Babu Rao which is still to be received?
2) Provide the details of the provident fund Account Number of my father Late P.R.Babu Rao where the provident fund amount had been transferred if any?
3) I submit that mode of delivery of information expected (ordinary post, speed post, by courier, by hand, through internet or e-mail. by fax etc.). Any additional fee may be charged to cover the cost of delivery.
4) The information can be furnished within 30 days as prescribed under Section 6 (1) the information sought for concerns my life and liberty, therefore the information may be furnished to me within stipulated time.
5) Without prejudice to my rights under the RTI Act 2005, to facilitate faster retrieval of information, I would 9 like to state that the information could be available in your Chennai and Hyderabad Branch Office.
6) I state that the information sought does not fall within the restrictions contained in Section 8 and 9 of the Act and to the best of my knowledge it pertains to your office.
7) I also state that I am a citizen of India and I am eligible to seek information under the Right to Information Act, 2005.
8) That I have deposited the requisite fee of Rs.10/-
by way of Postal Order in favouring "Asst. Public Information Officer, Air India Limited", Chennai.
8. The Petitioner has filed certain additional material documents vide IA No.1/2022 in WP No.1002/2019 and a bare perusal of the relevant portion of the letter dated 04.12.1984 of the Manager, Personnel Services, IA Madras, (Last para) reads as under :
"You may submit your claim for the transportation charges for your personal belonging to Sr. Dy. Manager Personnel Services, Hyderabad. Regarding the balance of 25% of P.F. and Gratuity amount due to you, the same is being worked out by our Finance Department at Madras from whom you will hear in due course".
9. The letter dated 10.10.1985 of the Deputy Finance Manager, Madras addressed to the Petitioner reads as under :
10
"Please find the enclosed receipt duly discharged on revenue stamp received from Mr. P.R. Babu Rao, Ex.Charge Hand, Emp. No. 612138 for the purpose of payment of gratuity and VDA arrears. The dues payable to him may be advised to this office by means of a credit note".
10. A bare perusal of the contents of the letter dated 31.01.2020 vide GMF/CPIO/SR/RTI/178 reads as under :
This has reference to the Order of the Hon'ble Information Commissioner in your case under Reference CIC/AIRIN/A/2018/146280, dt. 30th January 2020. As ordered the details of settlement are as below :
S.No. Query Reply 1 What are the pending Mr. P.R. Babu Rao, who due amount towards served as Charge Hand at gratuity, PF, VDA arrears Chennai retired on 30th June etc., of my father late 1984.
P.R. Babu Rao, which is still to be received The dues payable to him viz.
Gratuity, PF, VDA arrears have all been settled by way of Cheque.
75% gratuity has been settled on 29.06.1984 while leave Encashment has been settled on 03.07.1984.
The wage arrears and Ex-
Gratia has been settled on 15.11.1984 and the balance 25% Gratuity settled on 29.01.1985.
Difference in gratuity due to wage settlement has been 11 done on 10.10.1985 and other miscellaneous final settlement has been made on 30.06.1986.
All these settlements have been made to Mr.P.R. Babu Rao, while he was still alive.
2 Provide the details of the Erstwhile Indian Airlines had Provident Fund Account its own Provident Fund Trust Number of my father and the Provident Fund dues late P.R. Babu Rao have been settled by way of where the provident fund cheque to Mr.P.R. Babu Rao, amount has been while he was still alive. transferred, if any.
However the details could not be furnished as the case is nearly 35 years old and the records could not be traced.
11. Respondents 3 to 5 filed counter affidavit, in particular, paras 5, 6 and 9 read as under:
Para 5 : With reference to para 4, it is submitted that petitioner's father retired from service on attaining the age of superannuation. As per the records available petitioner's father was paid with all the terminal benefits including gratuity, PF etc., benefits including gratuity, P.F etc by June 1986.As the petitioner's father himself received the complete total retiral benefits, question of paying terminal benefits to legal heirs does not arise. Only in case where the employees expire before superannuation, the final settlement is made to the nominees as declared by the employee.
Para 6. With reference to para 5 and 6 it is submitted that after receiving the application on 24-04-2018, the same was forwarded to the CPIO & General Manager (Finance), Chennal. After perusal of records, it was informed by letter dated 22.05.2018 that Sri P.R.Babu Rao had retired as Charge Hand from Chennai on 30- 12 06-1984 and that all his final settlement including all arrears payment had been made in the month of June 1986 and there is no outstanding amount lying in his final settlement Account, as reply to the RTI Application, by Manager (Finance) & CAPIO to the Petitioner.
9. It is further submitted that the 2 Respondent held the hearing on 28.01.2020 in this regard in File No.CIC/AIRIN/A/2018/146280. During the hearing the Petitioner was present. Representative of the Respondent was also present. After hearing the arguments of both sides, the Hon'ble Commission gave its decision as under:
"Commission has gone through the case records and on the basis of the proceedings during the hearing directs the Respondent (2) to provide whatever information is available on record pertaining to gratuity, VDA arrears etc. of Late P R Babu Rao (deceased father of Appellant) to the Appellant free of cost within 15 days from the date of receipt of this order and send a compliance report of the same to the Commission."
In compliance of the above order, the Petitioner was provided with whatever information was available by the Respondent by letter dated 31 01-2020, and a copy forwarded to the Hon'ble Information Commissioner concerned as compliance report."
PERUSED THE RECORD :
DISCUSSION & CONCLUSION :
12. A bare perusal of the contents of the letter dated 22.05.2018 issued by the Manager, Finance and CAPIO (extracted above) in response to the Petitioner's application dated 16.04.2018 (extracted above) addressed to the 13 Personnel Manager, Chennai, indicates the reply of the Manager (Finance) and CAPIO addressed to the Petitioner herein informing that as per the records available the amounts payable on account of Mr. P.R. Babu Rao's final settlement including all arrears, payments has been made in the month of June 1986 and there is no outstanding amount lying in Mr. Babu Rao's final settlement account. But if the letter dated 31.01.2020 GMF/CPIO/SR/RTI/178 is carefully perused it indicates that it is stated in the said letter that the difference in gratuity due to wage settlement has been done on 10.10.1985 and other miscellaneous final settlement has been made on 30.06.1986. This again is contrary to the contents of the letter dt. 10.01.1985 issued to the Petitioner herein by the Deputy Finance Manager, Madras which infact refers in the subject column as Gratuity and VDA arrears to retired staff Mr. P. Babu Rao and it does not refer to difference in gratuity due to wage settlement, the said letter clearly indicates that the said letter has been addressed to the petitioner only for the purpose of payment of gratuity and VDA arrears. This Court opines 14 that the letter dated 10.10.1985 addressed to the Petitioner admittedly pertains to the payment of gratuity and VDA arrears and not the difference in gratuity due to wage settlement as stated in the letter dated 31.01.2020 of the CPIO/Senior Manager (Finance). In view of clear contradictory versions in the letter dated 10.10.1985 of the Deputy Manager, Finance and the letter dated 31.01.2020 of the CPIO/Senior Manager (Finance), this Court opines that the 3rd Respondent herein ought to have applied its mind independently and considered the Appeal filed under Section 19 (1) of the Right to Information Act, 2005 and passed a detailed reasoned order instead of passing a cryptic impugned order dated 27.06.2018 erroneously, mechanically without application of mind, which only said that the 3rd Respondent upheld the decision of the Manager (Fin.) and CAPIO, Air India Ltd., Southern Region and nothing beyond that.
13. A bare perusal of the contents of the counter affidavit filed on behalf of Respondents No.3 to 5 only indicates that the plea taken by the Respondents is that 15 all the terminal benefits available to the father of the Petitioner were settled and paid to the father of the Petitioner and further that the Petitioner was provided with all the information to the extent of the availability of the records. Curiously however, the counter except stating that the First Appellate Authority upheld the decision of the Manager (Finance) and CAPIO does not even indicate any reasons/discussion in upholding the said decision.
14. This Court opines that the order impugned in the present Writ Petition passed by the 3rd Respondent in reference SR/RD/FAA/RTI/1682, dated 27.06.2018 clearly indicates that the 3rd Respondent did not decide the Appeal filed by the Petitioner under Section 19 (1) of the Right to Information Act, 2005 on merits and disposed of the same mechanically upholding the decision taken by the Respondent No.4 i.e., the Manager (Fin.) and CAPIO, Air India Ltd., Southern Region, the Information Officer.16
15. This Court opines that since the order impugned dt. 27.06.2018 of the 3rd Respondent is a cryptic unreasoned order passed hastily, mechanically without even looking into the relevant records or documents i.e., letter dated 31.01.2020 of the CPIO/Senior Manager (Finance) vide GMF/CPIO/SR/RTI/178, the letter dated 10.10.1985 issued to Late Mr. P.R. Babu Rao by the Deputy Finance Manager (E) I.A., Madras, the letter dated 04.12.1984 vide MAA:PER:EST:612138, and other relevant records, needs to be set aside and the matter remanded back to the 3rd Respondent for deciding the Appeal on merits and in accordance with the law.
16. Accordingly, the Writ Petition is allowed setting aside the order impugned vide Letter No.SR/RD/FAA/RTI /1682, dated 27.06.2018 passed by the 3rd Respondent and the 3rd Respondent is directed to reconsider the Appeal dated 30.05.2018 filed by the Petitioner under RTI Act, 2005 and pass appropriate orders on merits in accordance to law, deciding the Appeal preferred by the petitioner against 17 the reply of the Manager (Fin.) and CAPIO under reference GM(F) & CPIO/SR/RTI/49, dated 22.05.2018 with reference to Petitioner's RTI application dated 16.04.2018, within a period of three weeks from the date of receipt of the copy of the order and communicate the decision/order to the petitioner.
However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed.
_____________________________ MRS JUSTICE SUREPALLI NANDA Dated: 10.03.2023 Note: L.R.Copy to be marked b/o kvrm