Central Information Commission
S. Lakshminarayanan vs Airports Authority Of India on 25 November, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/AAOIN/A/2023/147727
Shri S. LAKSHMINARAYANAN ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Airports Authority of India
Date of Hearing : 21.11.2024
Date of Decision : 21.11.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 03.07.2023
PIO replied on : 28.07.2023
First Appeal filed on : 19.08.2023
First Appellate Order on : 11.09.2023
2 Appeal/complaint received on
nd : 07.12.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 03.07.2023 seeking information on following points:-
1. "I am making this RTI request for information under RTI Act-2005.
2. I am a BARC-GOI served employee transferred to BARC department converted CPSU ECIL/DAE, served and retired from ECIL/DAE. Please allow the RTI Request.
3. The RTI request is about details of pensionary benefits granted to GOI-CAD transferred employees to CAD department converted CPSU namely Airport Authority of India, on conversion of a CAD department into a CPSU (AAI) in the year 1989. Specific enquiries are given below. 3.1 It is given to understand that two types of pensions were granted to the above employees retired from AAI, based on their length of service at GOI-CAD before they are transferred to CPSU- AAI. 3.2 Category- A: Those who had served GOI-CAD for more than 10 years.
3.3 Category- B: Those who had served GOI-CAD for less than 10 years.
Please clarify whether this category of employees are eligible for the 37A Pension, to AAI transferees on their retirement from AAI. granted to CAD 3.4. My enquiry is about Category- B (3.3). Please clarify whether the pension Page 1 Awarded is as per Amended CCS (Pension) Rule 37A enacted by DOPPW. 3.5 Please provide me a certified copy of the letter/circular/memo/office order the above pension to Category B. granting 3.6 Please provide certified copies of the following letters/documents. 3.6.1 Letter from Secretary, DOPPW dated 10.08.2017 with Reference DOP&PWOM NO.4/18/87-P&PW (D) dated 05.07.1987 on pension eligibility of transferees/absorbees of less than 10 years of service in GOI-CAD.
3.6.2 Letter from NHRC dated 17.08.2017 giving directions to immediately make of provisional pension to the eligible retired employees. Payments 3.7. And other related information."
3.7.Please clarify whether these Category-B retirees are being paid monthly pension on - pro Rata - basis, based on their last pay (Basic+DA) drawn from AAI.
3.8.Please inform from which month and Year such (3.3) 37A beneficiaries are paid their pro rata monthly pension. Please also inform how many numbers of such Category-B pensioners are there now getting their pensions. Also, total number of Pensioners putting Category-A & Category - B together.
3.9. Please also clarify whether the refund of Contributory Provident Fund (CPF) amount already received by the Category B pensioners are being recovered from the pension arrears due for them. 4.0. Please provide a certified copy of the 'option form' that was to be submitted by the Category-B pensioners for getting their pension."
The General Manager (HR) & CPIO vide letter dated 28.07.2023 replied as under:-
"Point No. 1 to 3.2:- Facts enumerated by applicant. No information requested.
Point No. 3.3 & 3.4:-The information is not available in specified format. Point No. 3.5:- MoCA letter dated 03.04.2018 is annexed. Point No. 3.6 & 3.6.1:- The copy of the letter dated 10.08.2017 is annexed. Point No.:-3.6.2:- The copy of the letter is enclosed. Point No.3.7 to 3.9:- Question does not qualify to be replied as per DOPT OM No.1/7/2009 -IR dated 01.06.2009.(Copy enclosed) Point No. 4.0.:-The option form is enclosed."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.08.2023. The FAA vide order dated 11.09.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 05.11.2024 has been received from the CPIO and same has been taken on record.
Page 2 Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Brij Raj Chauhan, DGM(HR), Ms. Sanamarsoor-AM(HR)- participated in the hearing.
The Respondent reiterated the averments made in their written submission and stated that the relevant information has been furnished to the Appellant. They stated that the Category-B retirees (less 10 years CAD absorbees) are being paid pension on combined service of CAD/NAA/AAI which is fifty percent of last drawn basic pay of an employee on his retirement along with Dearness allowance.
Decision:
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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