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(09.08.2021)

1. The issues under consideration arising out of the second appeal dated 27.11.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 11.07.2018 and first appeal dated 31.08.2018:-

i. Whether payment of special conveyance allowance in addition to reimbursement of charges are being paid to physically handicapped employee/ officials. ii. Payment of such special allowance has not been paid to the appellant from December 2008 to August 2014 causes thereof.

5.2. The respondent while defending their case and while responding to the show cause notice inter alia submitted vide written reply dated 26.04.2021 that prior to introduction of HRMS i.e. during manual period, salary certification of the officers/staffs posted at the Branch was required to be done by the Branch Manager only. The respondent further submitted that the applicant was posted at various branches during the period 01.12.2008 to 31.08.2014, as Branch Manager and during the relevant period the salary certification/ approval for payment of the officers/staffs posted at the Branch was to be done only by him as the Branch Manager with responsibility that the same was being paid at correct rate. However, the appellant had not submitted any representation in this regard during his service. They further submitted that in the absence of the representations, the matter could not be referred to the concerned department for determining his entitlement to the special conveyance allowance. Besides, it was further submitted that for payment of conveyance allowance, after the introduction of the Human Resource Management System (HRMS) in the year 2010, the Officers were required to upload the 'Disability Certificate i.e. the recommendation of the Head of Orthopedic Department of a Government Civil Hospital and the payment used to be processed in HRMS with the salary every month. The Disability certificate was not uploaded in the HRMS by the applicant in 2010. Accordingly, the appellant did not get special conveyance allowance and the same was started only after submitting the disability certificate in 2014 onwards. The FAA in compliance of the Commission's order 21.12.2020 had inquired into the matter and had given the following findings:

"Disability benefit given upto November 2008. Thereafter, 01.12.2008 to 31.08.2014 conveyance allowance not paid to Shri Harihar Prasad Sinha. The applicant was posted as Branch Manager of Marufganj Branch from 01.12.2008 to 31.03.2009. At the time salary was being paid manually by the Branch Manager. The applicant made a request to the Assistant General Manager, LPC, Patna to forward his disability certificate dated 01.09.2014 to the HRMS for payment of conveyance allowance and HRMS Department paid the conveyance allowance."

However, he had not made representation regarding special conveyance allowance, therefore, he was neither considered nor was paid the same. The respondent further submitted that the applicant at the time of forwarding of disability certificate dated 01.09.2014 in terms of e-circular dated August 02,2014 and requesting payment of special conveyance allowance did not raise the issue of nonpayment of conveyance allowance prior thereto for the period December 2008 to August 2014. For that the applicant did not raise the matter of non-payment of special conveyance allowance during his service period and much after his retirement on 30.11.2016 by filing RTI application dated 11.07.2018. The CPIOs pleaded that the forum under the RTI Act cannot be a mechanism for redressal of grievances, however, requested the Commission that if a copy of the representation is made available, the same may be examined and eligible special conveyance allowance may be paid. However, they had timely responded to all applications and appeals filed by the appellant, therefore, the show cause notices issued to them may be dropped.