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2025 Supreme(Online)(CIC) 3425
CENTRAL INFORMATION COMMISSION
Anandi Ramalingam, IC
Kumar Ambwani – Appellant
Versus
CPIO: Department of Pension and Pensioner's Welfare – Respondent
Second Appeal No. CIC/MPERS/A/2024/125770
For the Appellants/Petitioners:
For the Respondents: Ms. Madhu Mankotia
The RTI Act does not obligate CPIOs to provide interpretations or opinions; clarifications beyond records are not considered information.
Headnote:(A) RTI Act, 2005 - Section 2(f) - Entitlement to additional pension upon attaining the age of 80 years - The appellant sought clarity on whether additional pension becomes payable on reaching 80 years versus completing it. The CPIO provided the relevant rule, but the appellant challenged its interpretation rather than requesting information. The Commission emphasized that querulous interpretations fall outside RTI Act provisions. Consequently, the appeal was dismissed as it lacked jurisdiction. (Paras 2-8)
(B) Information under RTI - The commission clarified that requests for interpretation or clarification do not meet the definition of information under Section 2(f) of the Act; CPIO is not required to provide interpretations or deductions. (Para 8)
| Table of Content |
|---|
| 1. request for clarification on pension based on age. (Para 1 , 2) |
| 2. first appeal process and response. (Para 3 , 4) |
| 3. main arguments presented by both parties. (Para 5 , 6) |
| 4. court observes limits of jurisdiction under rti. (Para 7 , 8) |
Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R
1. The Appellant filed an RTI application dated 13.04.2024 seeking information on the following points:
Sub: Clarification reg. 20% additional Pension on attaining the age of 80 yrs or completion of 80 years.
I request the following information & certified copies of all the circulars, Notifications, Guidelines, Court Judgements in connection with above subject, which may be furnished.
1. I am attaining the age of 80 years on 30.4.2024 (D.O.B. 30.4.1945) My query is whether, I will be getting an additional pension (20%) w.e.f: 30.4.2024 as an additional pension is payable on attaining the age of 80 years Yes or No.
2. To supplement above, dictationary meaning of attaining is like this: to reach, to arrive at, according to this (1) & (2), I will reach to arrive at the age of 80 years on 30.4.2024, therefore an additional pension of (20%) is payable to me on 30.04.2024.
3. 3(a) further, as per paper given by Pension Deptt, Bhikaji Cama, N. Delhi (copy enclosed) Page 58 for ready reference, which further mentions for which relevant extract is reproduced below; Age of Pensioner Additional quantum of pension from 80 yrs to less than 85 yrs 20% of basic pension
3(b) clarify further, is as under; On attaining the age of 80 yrs on 30.4.24 will be attaining 80 yrs (Pl see copy enclosed)
79-80 (30.4.24) To reach to arrive at (attaining the age of 80 yrs) to 30.4.25 (completing the age of 80 yrs)
80-81 (30.4.25) To reach to arrive at (attaining the age of 81 yrs) to 30.4.26 (completing the age of 81 yrs)
81-82 (30.4.26) To reach to arrive at (attaining the age of 82 yrs) to 30.4.27 (completing the age of 82 yrs)
82-83 (30.4.27) To reach to arrive at (attaining the age of 83 yrs) to 30.4.28 (completing the age of 83 yrs)
83-84 (30.4.28) To reach to arrive at (attaining the age of 84 yrs) to 30.4.29 (completing the age of 84 yrs)
…, etc./ other related information
2. The CPIO replied vide letter dated 15.05.2024 and the same is reproduced as under :-
“Point 1, 2, 3(b), 3(c) and Copy of existing rule 44(6) of CCS (Pension) Rules 2021 regarding the additional pension/ additional compassionate allowance is enclosed herewith.
Point 3(a) and 3(d) and 3(c): No information has been sought.
Point 4(a), 4(b), 5(a) and 5(b): Please refer para 3 below.
Department of Pension & Pensioners' Welfare is the nodal Department for formulation of policies relating to pension and other retirement benefits of Central Government civil employees covered under the Central Civil Services (Pension) Rules, 2021. The implementation of such rules/ instructions, etc. lies with the administrative Ministry/ Department/ Organisations of the employees covered by these rules. These rules are, however, not applicable to employees of Ministry of Railways, Port Trusts, RBI, Public Sector Banks, PSUs and State Governments/UTs, etc As per the provisions of RTI Act 2005 the public authority can only provide information which already exists with the public authority or is held under his control. The Public Information Officer PIO or CPIO are not supposed to create information. The Act does not require the PIO or CPIO to deduce some conclusion from the material held or provide and supply the conclusion deduced to the applicant. The CPIO is also not required to give his opinion or advice in any matter. This Department is concerned with making Rules policies of Pension/Family Pension of Central Government Civil Employees only.”
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.05.2024. The FAA vide order dated 19.06.2024 upheld the reply given by the CPIO.
4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second
