Many retired government employees face challenges in understanding and claiming their rightful benefits, especially medical allowances. This case highlights how the Right to Information (RTI) Act can be a powerful tool for retired individuals to get clarity on their entitled medical benefits, even when faced with initial hurdles from public authorities. If you are a retired employee wondering about your medical allowance, this article will guide you on how RTI can help.
Background: What Information Was Sought
The appellant, a retired employee, filed an application under the RTI Act with the Directorate of Education. The core of their request was to obtain information regarding the non-receipt of the medical allowance for themselves and their family members. The Public Information Officer (PIO) initially asked the appellant to provide documents related to depositing Rs. 39,000 for a DGEHS card, indicating a potential misunderstanding or misdirection of the query.
How the Public Authority Responded
The initial response from the PIO was to ask for specific documents related to a DGEHS card, which may not have been directly relevant to the appellant’s core query about the medical allowance itself. This is a common scenario where the Public Authority might not fully grasp the applicant’s intent or may try to deflect the responsibility. The appellant, having approached the Public Authority twice already without success and without being given an opportunity for inspection, felt their request was not being adequately addressed.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the respondent from the Directorate of Education clarified that the payment of the medical allowance is typically handled bank that disburses the family pension. They explained that the allowance is usually included within the family pension amount, and therefore, the Directorate of Education, as the former employer, has no direct role in its disbursement. This explanation shifted the focus to the role of the bank. The appellant, however, reiterated that despite their previous attempts, they had not been provided with an inspection opportunity, suggesting a lack of transparency and cooperation from the initial authority.
The CIC Order and Its Significance
The CIC, after hearing both sides, recognized the complexity of the issue and the potential for the information to lie with a different authority. The Commission issued a significant order: it directed the PIO of the Directorate of Education to verify with the concerned authorities whether the medical allowance is indeed included in the family pension and disbursed bank. If this verification confirmed the bank’s role, the PIO was instructed to transfer the RTI application to the concerned bank. Crucially, the bank was then directed to provide the requested information to the appellant within the mandatory period stipulated under the RTI Act (usually 30 days as per Section 7). Additionally, the CIC directed the respondent (Directorate of Education) to retrieve any existing records pertaining to the medical allowance and provide them to the appellant. This order is significant because it ensures that the appellant’s request is not dismissed due to a misdirection of authority and that the information is pursued from the correct source. It also emphasizes the responsibility of the initial PIO to facilitate the transfer of the application if necessary, as per Section 6(3) of the RTI Act.
Key Lessons for RTI Applicants
- Lesson 1: Be Clear and Specific in Your RTI Application: While the appellant’s core issue was clear, the PIO’s initial response suggests a need for even more precise wording. Clearly state what information you are seeking and from whom, if you have an idea.
- Lesson 2: Understand Potential Jurisdictional Issues: Public authorities may not always be the final source of information. Be prepared for the possibility that your application might need to be transferred to another department or agency. The CIC’s direction to transfer the application is a testament to this.
- Lesson 3: Pursue Your Rights with Persistence: The appellant’s persistence in approaching the authority twice and pursuing the matter to the CIC demonstrates the importance of not giving up. The RTI Act provides a multi-tiered grievance redressal mechanism, including appeals to higher authorities and the CIC.
How to File a Similar RTI Application
- Identify the Correct Public Authority: If you are a retired employee seeking information about medical allowances, try to ascertain which authority is responsible for disbursing your pension and any associated allowances (often the bank or the department you retired from).
- Draft Your RTI Application Carefully: Clearly state your name, retirement details, and the specific information you are seeking regarding medical allowances. Mention the relevant period for which you need the information.
- Submit the Application and Fee: Pay the prescribed RTI fee (usually Rs. 10) and submit your application either online or offline to the Public Information Officer (PIO) of the identified authority.
- Follow Up and Appeal if Necessary: If you do not receive a satisfactory response within 30 days, or if your application is rejected, you have the right to file a First Appeal. If the First Appellate Authority’s decision is also unsatisfactory, you can file a Second Appeal with the Central Information Commission (CIC) or the State Information Commission (SIC).
Sample RTI question you can use:
Please provide details of the policy and procedure for the disbursement of medical allowance to retired employees, including whether it is included in the monthly family pension. Please also provide copies of any relevant government orders or circulars governing the same for the period [mention relevant period, e.g., 2018-2023].
Conclusion
This case serves as a crucial reminder that the RTI Act is a powerful tool for all citizens, including retired government employees, to access information and ensure their entitlements are met. Even when faced with initial confusion or resistance, a well-drafted RTI application and a persistent approach can lead to the desired information. Do not hesitate to use your RTI rights to get clarity on your medical allowances and other benefits.
