Central Information Commission
Mr.V P Jayalakshmi vs Ministry Of Railways on 27 February, 2013
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/002612
Heard through Video Conference.
Date of Hearing : February 27, 2013.
Date of Decision : February 27, 2013.
Parties:
Applicant
Ms V P Jayalakshmi
W/o T S Subramanian
24/17, Raja Hanumantha Street
Sabathagiri flat, Groud floor
Triplicane
Chennai - 600 005.
Applicant was present with representative Shri S S Raju
Respondent(s)
Southern Railway
O/o the Sr. Divl. Commercial Manager
Tiruchirappalli
(Tamil Nadu)
Representative : Shri Ravi Kumar, PIO.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/002612
ORDER
Background
1. The Applicant filed his RTI Application dated 12.11.11 with the PIO, Southern Railway, Chennai which was subsequently transferred to PIO S.Railway, Tiruchirapally. In the RTI Application the Applicant stated that her husband Mr. T.S.Subramanian has been missing since 8.4.11 and that she had reported the matter to the Police Station and had registered an FIR having no. 366/2011 on 10.4.11. The Applicant further stated that in the absence of her husband who is missing she is eligible for the family pension and requested that family pension be released to her . The PIO replied on 14.12.11 enclosing the reply received from the Sr. DFM informing the Applicant that as per the OM dated 24.7.10 issued by M/o Personal, Public Grievance of Pension, Department of Pension and Pension's Welfare, the family pension to the eligible family members of the pensioner reported missing and whose whereabouts are not known can be sanctioned after a period of six months from the date of registration of FIR with the police. He asked the Applicant (Wife of the missing Railway Pensioner Mr. T.S.Subramanian retired on 31.5.1993) to obtain the 'Not Traceable' Certificate from the police and forward the same to the office so that family pension can be sanctioned. The Applicant thereafter filed her first appeal once again seeking the family pension. On not receiving any response from the FAA, the Appellant filed her second appeal on 29.6.12 before the Commission requesting the Commission to direct the Railways to sanction her the family pension. Decision
2. During the hearing the Appellant insisted that she be paid the family pension since her husband has been missing for years. The Respondent on his part read out the various rules in this regard to the Commission wherein it is clearly stated that in the event an employee is missing, the pension can be sanctioned after the spouse submits the 'not traceable' certificate issued by the police after the passage of 6 months after filing the FIR , stating that all efforts have been made to trace the missing person and that the efforts have proved to be unsuccessful. The Respondent emphasized the fact that as per rules only after the Not traceable certificate issued by the Police is submitted to the office can the family pension be sanctioned to the Applicant.
3. After hearing both sides, the Commission directs the PIO to provide the Appellant the relevant rules related to the subject matter within three weeks of receipt of this order and advises the Appellant to obtain the "not traceable" certificate from the police station where the FIR has been registered and submit the same to the PIO so that family pension can be sanctioned to her.
4. The appeal is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Ms V P Jayalakshmi W/o T S Subramanian 24/17, Raja Hanumantha Street Sabathagiri flat, Groud floor Triplicane Chennai - 600 005.
2. The Public Information Officer Southern Railway O/o the Sr. Divl. Commercial Manager Tiruchirappalli (Tamil Nadu)
3. Officer in charge, NIC.