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DATE WITH RTI

Does pension involve Human Rights violation?

The appellant sought information from DRDL if a particular post comes under new pension scheme or old pension scheme and criteria for placing the selected candidates in New or Old Pensions Scheme. The CIC observed that the Appellant has not made any allegations of human rights violation or corruption in his RTI Application, First Appeal or Second Appeal regarding information about the pension scheme. Adverting to the allegations of human rights violation urged by the advocate of the Appellant during hearing as well as in his written submissions dated 18.07.2020 & 20.07.2020 with respect to the pension scheme, the CIC held that no violation of human rights is involved in service matters, such as promotion, disciplinary actions, pay increments, retiral benefits, pension, gratuity, etc.

Comments

The expression “Human Rights’’ denotes certain inalienable rights which every individual has by virtue of being a member of the Human Family. The expression “Human Rights” is defined under Section 2(1)(d) of The Protection of Human Rights Act, 1993 means "the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India". The expression cannot be extended to include controversies relating to service matters of persons working under schedule II organisation.

Citation:  G Laxminarayana v. Defence Research & Development Laboratory in File No : CIC/DRADO/A/2018/162164, Date of Decision: 20/07/2020

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

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