Central Information Commission
K Thangaraj vs Department Of Ex-Servicemen Welfare on 16 April, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DEXSW/C/2024/643629
K Thangaraj .....िशकायतकता/Complainant
VERSUS
बनाम
The CPIO .... ितवादीगण /Respondent
Under Secretary (Pension/ Policy), RTI Cell,
Room No 220A , B-Wing, Department of Ex-Serviceman and Welfare,
Sena Bhawan, 99-A South Block,
New Delhi New Delhi-110011
Department of Military Affairs,
Sena Bhawan,
New Delhi-110011
Date of Hearing : 15.04.2026
Date of Decision : 16.04.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
Relevant facts emerging from Complaint:
RTI application filed on : 26.08.2024
CPIO replied on : 30.09.2024
First appeal filed on : N.A
First Appellate Authority's : N.A
order
Complaint dated : 01.10.2024
Information sought:
Page 1 of 81. The complainant filed an RTI application on 26.08.2024 seeking the following information :
"Sub: Request to furnish the information under section 6(1) of RTI act 2005.
Ref: (i) A/56273/Claim/Ins/Signals dt 31 May 2024
(ii) A/56273/Claim/Ins/Arty dt 10 Jan 2024
(iii) A/56271/01/AG/Ins/PR dt 15 Oct 2015
(iv) A/56273/Claim/Ins/Sigs dt 20 Sept 2013
(v) Dept of Ex-servicemen Welfare No 17(4)/2008(2)/D(Pen/Pol) dt 12 Nov 2008 My brother Hav (Late) Ayya Pillai (No 14260962N) died on 13.05.2007 due to health issues. It is pertinent to mention here that by deceased brother Hav (Late) Ayya Pillai (No 14260962N) was married to one Smt Renuga Devi and they don't have any children on their marriage life. Also due to some different opinions and conflicts, my brother filed a divorce petition (HMOP.No.39/2006) against her wife Smt Renuga Devi on 2006 and the same was disposed by granting divorce to my deceased brother on 30.03.2007 as an ex-parte order. After my brother's demise, his wife Smt Renuga Devi has filed a Interlocutory application (I.A.No.50/2007) for the above mentioned ex-parte order by making me and my siblings as an opposite parties. On 10.12.2011, the concerned court dismissed the IA filed by Smt Renuga Devi and confirmed the divorce order. Further I filed an original suit (OS No.118/2017) in District Munsif Court, Sankarankovil to declare myself and my siblings as a legal heirs of my brother Hav (Late) Ayya Pillai (No 14260962N) and the same was ordered on 12.10.2023. As a legal heir of my brother Hav (Late) Ayya Pillai (No 14260962N), I need some information/documents related to my brother's service record and his service benefits and I request you furnish the same;
Question No: 1 - Furnish the date of joining of my brother Hav (Late) Ayya Pillai (No 14260962N) in Indian army and his ranking while joining and his latest ranking while he was demised.
Page 2 of 8Question No: 2 - Provide me the details of list of service benefits that my brother Hav (Late) Ayya Pillai (No 14260962N) is entitled from Indian army, Army Group Insurance Fund (AGIF) and other benefits.
Question No: 3 - Furnish the service records (Salary details/GPF account details/Awards & Rewards/leave details) of my brother Hav (Late) Ayya Pillai (No 14260962N) and his overall serviceable years at the time of his demise.
Question No: 4 - As per ref (v) cited above, docs my brother Hav (Late) Ayya Pillai (No 14260962N) entitled to get the recommendations of sixth pay commission for Pension/Gratuity/Commutation of Pension/Family Pension/ for the armed forced officers and personnel below officer rank (PBOR) retiring or dying in harness on or after 01.01.2006.
Question No: 5 - Furnish the details of my brother Hav (Late) Ayya Pillai's (No 14260962N) last 12 months drawn salary before to his demise.
Question No: 6 - Does my brother Hav (Late) Ayya Pillai (No 14260962N) opted for General Provident Fund (GPF) and Commutation of Pension/Commuted Value of Pension (CVP). If so, furnish the details of current balance and his account number of those GPF & CVP of my brother's account.
Question No: 7 - As per ref (ii) cited above, it is mentioned as "AGIF has already discharged its liabilities by making 100% payment of Insurance benefits to Smt Renugadevi (Rs.3,75,000/- on 05 Sep 2008 and Rs.3,75,000/- + interest Rs.8367/- on 14 Sep 2011, Total Rs.7,58,367/-) based on the claim documents received from Unit/Records of your deceased brother, you may now claim the same from Smt Renugadevi as she had stated in her affidavit dated 14 Mar 2008".
Is that both the above mentioned amounts (Rs.3,75,000/- on 05.09.08 and Rs.3,75,000/- on 14.09.11) given to Smt Page 3 of 8 Renugadevi only for AGIF or it's been for both AGIF and Gratuity for my deceased brother.
Question No: 8 - Provide me the copy of Letters/GO's on various increment amendment in AGIF for JCO/OR/PBOR since it's been established.
Question No: 9 - Other than ref (ii) citied above, what are all various benefits that's been paid to Smt Renugadevi for my brother's death benefits. Kindly provide me those details.
Question No: 10 - Does my brother Hav (Late) Ayya Pillai (No 14260962N) eligible for pension benefits. On the absence of wife, children and parents of the deceased pensioner, may his/her siblings (Brother & Sister) entitled to receive the pension benefits.
Question No: 11 - How much earned leave (EL) that my brother Hav (Late) Ayya Pillai (No 14260962N) has at the time his demise and in that how many days are claimed and how many days are unclaimed.
Question No.12 - Does my brother Hav (Late) Ayya Pillai (No 14260962N) entitled to receive encashment and accumulation of eamed leave benefit. If so whether his leave encashment is settled down to his legal heirs?
Question No.13 - If the encashment and accumulation of earned leave is not paid to the legal heirs of the deceased within time, is there any interest rate fixed by the government until it's been deposited to the legal heirs account. If so furnish the interest rate for the delay in deposit of encashment and accumulation of earned leave.
Question No.14 - Did Smt Renugadevi or the other legal heirs of my brother Hav (Late) Ayya Pillai (No 14260962N) received the gratuity benefits of my brother. If so furnish the details of how much amount of gratuity money paid towards my brother's legal heirs.If the gratuity is not paid for my brother's legal heir, provide me the details of interest rate applicable for delay in giving gratuity payment.
Page 4 of 8Does my brother is eligible for gratuity payment upto the limit of Rs.10 Lakhs as per ref (v) citied above?
Question No.15 - As per ref (iv) cited above, furnish the reason for not providing other service benefits of my brother Hav (Late) Ayya Pillai (No 14260962N) Texcept his AGIF benefits given to Smt Renugadevi] to myself and my siblings based on my letter (P/41260962/AGIF/T- 4/NER/dated 01 Aug 2013) Question No.16 - Provide me the copies of grievance letters that I had submitted to your office with regard to my brother Hav (Late) Ayya Pillai (No 14260962N) death benefit claim.
Question No.17 - After the demise of my brother Hav (Late) Ayya Pillai (No 14260962N) on 13.05.2007, how many complaint letters received by your office against Smt Renugadevi to not to give any death benefits of my brother to her. What action have been taken on that complaint letters and furnish those details.
Provide me the copies of complaint letter received against Smt Renugadevi.
Since I've been the legal heir of my brother Hav (Late) Ayya Pillai (No 14260962N) as per the Sankarankovil District Munisf Court order (OS No.118/2107) the information that I secking for above questions would not come under 8(1)(j) of RTI act, 2005.
If the information is not available in your office, kindly forward the concerned public authority as per section 6(3) of RTI act, 2005".
2. The CPIO, US (Pension/Policy) transferred the RTI application to CPIO US (PG) on 27.09.2024.
The CPIO DEXSW transferred the RTI application to Department of Military affairs on 30.09.2024.
Page 5 of 8The CPIO, Department of Military affairs reply is not available on the record.
3. Feeling aggrieved and dissatisfied, complainant approached the Commission with the complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Not present.
Respondent: Not present.
4. Proof of having served the copy of the complaint to the respondent while filing the same in CIC is not available on record.
5. The complainant is not present despite service of notice of hearing.
6. The respondent is not present despite service of notice of hearing.
7. Written submissions dated 06.04.2026 filed by respondent CPIO & Under Secretary (PG) is taken on record where it is submitted that the RTI application received on the portal of CPIO (PG) on 27.09.2024 was transferred to the CPIO of RTI cell, DOM(Army) on 30.09.24 under section 6(3) of the RTI Act, 2005 for providing information directly to the complainant as the information sought by the application seems to be more closely related to them.
Decision:
8. The Commission after adverting to the facts and circumstances of the case and perusal of the records, notes that the RTI application dated 26.08.2024 received by CPIO, Department of Ex-Servicemen and Welfare (DESW) on 27.09.2024 was transferred to CPIO in Department of Military Affairs (DMA) on 30.09.2024. However, there is no material on record to suggest whether CPIO, DMA has furnished any reply to the complainant. The Commission also takes serious note of the fact that the Respondent has failed to appear during the hearing, despite due service of notice. This Conduct of the respondent CPIO reflects a casual and negligent approach towards the Commission.
In view of the above, the Commission directs the respondent CPIOs in DMA and DESW to Show Cause as to why action under Section 20(1) of Page 6 of 8 the RTI Act, 2005 should not be taken against them for not replying to the RTI application and not appearing before the Commission The written explanation shall be submitted before the Commission within a period of 21 days from the date of receipt of this order along with the comments of their FAAs. In the meantime, the respondent CPIO, DMA is also directed to re-examine the RTI application and provide a reply to the appellant, within 15 days from the date of receipt of this order. The Registry of this bench is directed to re-list the instant complaint after one month.
In the view of the above, the Complaint stands adjourned for final decision.
Sd/-
SANJEEV KUMAR JINDAL(सं जीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date:16.04.2026 Authenticated true copy (अिभ मािणत स ािपत ित) Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Addresses of the Parties:
1. CPIO Under Secretary (Pension/ Policy), Room No 220A, B-Wing, Sena Bhawan, New Delhi
2. CPIO RTI Cell, Page 7 of 8 Department of Ex-Serviceman and Welfare, 99-A South Block, New Delhi-110011
3. CPIO Department of Military Affairs, Sena Bhawan, New Delhi-110011
4. FAA Department of Ex-Serviceman and Welfare, 99-A South Block, New Delhi-110011
5. FAA Department of Military Affairs, Sena Bhawan, New Delhi-110011
6. Sh. K Thangaraj Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)