Central Information Commission
Mr.Shailendra Kumar Barat vs Ministry Of Railways on 25 June, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/AD/A/2012/001794
Appellants : Shailendra Kumar Barat
Respondent : Indian Railways
Date of hearing : 25.6.2012
Date of decision : 25.6.2012
FACTS
Heard today dated 25.6.2012. Appellant present. Indian Railways is represented by Shri Rajiv Trehan, Sr. DMM (PIO) and Shri Anil Kumar Saini
2. It is the appellant's say that his father late Ganesh Chandra Barat was an employee of the Indian Railway. He retired from Service in 1968. He was getting pension after retirement. He expired in 1972. Thereafter his mother Smt. Parul Barat was the recipient of the family pension. She expired in 2008. He has an unmarried sister, namely, Ms. Deepali Barat, and as per rules framed by the Central Govt. on 6.9.2007, an unmarried daughter of a deceased employee is eligible for family pension subject to the following conditions:-
(i) that she is the daughter of the deceased pensioner; &
(ii) that her income is less then Rs. 3500/- per month.
3. The appellant submits that the concerned officials of the Indian Railway have made detailed enquires into the matter during the last 1 ½ years and are satisfied that his sister is eligible for family pension and yet pension has not been sanctioned so far thereby causing lots of mental torture, agony and harassment to him and her sister.
4. On the other hand, Shri Anil Kumar Saini submits that the Department had recommended the case but the Accounts Department of the Northern Railway had raised objections vide their letter dated 12.12.2011.
5. The appellant, however, is not satisfied with the response of the Railway officers. It is his say that as per para 58 of P. S. No. 12008 / 2000 dated 27.4.2000, the income certificate furnished by the concerned beneficiary may be accepted by the Railway Authorities. Para 58 of the order is reproduced below:-
"The definition of 'family' for the purpose of family pension shall also include (a) parents who were wholly dependent on the Railway servant when he/ she was alive provided the deceased employee had left behind neither a widow nor a child and (b) widowed / divorced daughter subject to the production of an annual income certificate to the effect that their earning is not more than Rs. 2550/- p.m. The family pension to the widowed / divorced daughters will be admissible till they attain the age of 25 years or upto the date of her re-marriage, whichever is earlier. The family pension to parents and sons / daughters will be admissible as long as their earning from employment in Government, private sector, self employment etc are less than Rs. 2550/- p.m. The production of income certificate is necessary. The certificate furnished by the concerned beneficiaries themselves may be accepted if they are self employed or are in receipt of income from sources other than employment. Eligible sons will also have to furnish six monthly certificates in regard to marital status. Grant of family pension to parents and widowed / divorced daughters will be effective from 1.1.1998 or from the date following the date of death of Railway servant / pensioner, whichever is later. For receipt of family pension to parents mother will get precedence over father, Past cases where death of the Railway servant occurred prior to 1.1.1998 can also be considered for grant of family pension w.e.f. 1.1.1998."
6. In the facts and circumstances of the case, the following interim order is passed:-
(a) A copy of the objections raised by the Accounts Department of the Northern Railways may be supplied to the appellant for meeting these objections, as far as practicable; and
(b) Shri Rajiv Trehan, Sr. DMM, Muradabad, is hereby directed to look into the matter afresh and if it is a genuine case, then cut through the meaningless procedural formalities and have an appropriate decision taken by the competent authority expeditiously.
7. The matter is adjourned to 6th August, 2012 at 1050 hrs. Shri Rajiv Trehan will remain present before the Commission Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K L Das) Dy. Registrar Address of parties
1. The CPIO Office of the DRM, Norethern Railway, Moradabad, Uttar Pradesh
2. Shri Shailendra Kumar Barat D-17, C-MIG Flats, Vatika Apartment D&E Streets, Mayapuri, New Delhi-110064