Before State information commission Haryana, chandigarh.

Appeal under section 19(3) of the Right to Information Act, 2005

Case No.1411 of 2007

Hav.Madan Lal, (Now Retd.Clerk),

# 671/85, Block –II,

Sharda Nagar, AmbalaCity.

……Appellant.

Versus

  1. First Appellate Authority –cum- Director Treasuries & Accounts, Haryana, Chandigarh.
  2. SPIO –cum- Joint Director Treasuries & Accounts, Haryana, Chandigarh.

……Respondents.

Present:

  1. Hav.Madan Lal, appellant in person.
  2. Sh.R.K.Bhoria, SPIO-cum-Joint Director on behalf of respondents.

Facts

Hav.Madan Lal, appellant filed an application on 11.8.2007 with the SPIO office of Director Treasuries & Accounts Haryana, Chandigarh requesting for information on the action taken on his representation dated 18.3.2006 addressed to the department in connection with giving him the benefit of military service under the Punjab Govt. National Emergency (Concession) Rules, 1965. This was followed with another reminder dated 13.10.2006. Since there was no response to these communications he filed an appeal with the First Appellate Authority office of Director Treasuries and Accounts Haryana on 23.4.2007. Since there was no response to this appeal the present second has been filed before the Commission.

In response to the notice issued by the Commission the respondent department has sent a reply to the appellant vide letter dated 7.8.2007, a copy of which has also been endorsed to the Commission. It has been mentioned in this communication that all the necessary benefits which could be given under the Rule-4 of Punjab Govt. National Emergency (Concession) Rules, 1965 have already been given to him. As regards the Second Emergency for the period 3.12.1971 to 3.7.1977 it has been mentioned that no Govt. policy has been formulated with regard to giving any benefit towards actual service rendered during this period. The appellant has alleged that the information is incomplete on the following grounds:-

1.In his representation dated 18.3.2006 the appellant had enclosed a copy of the circular of Chief Secretary to Govt. Haryana dated 2.5.2002 and had requested the department to take action in the light of para-2 of these instructions. As per para-2 of these instructions the State Govt. had decided that in view of the directions issued by the Hon’ble High Court which provided that wherever rights of the parties have been settled by the judgement of the court and where the judgement has attained finality the State Govt. must accept the judgement and implement it in true spirit and command. There is implicit obligation on the part of the State to grant the same relief to other membersof the cadre whose claim was based upon identical facts and points of law. The complainant along with application dated 18.3.2006 and subsequent appeal to the First Appellate Authority dated 23.4.2007 has attached a copy of the Punjab & Haryana High Court judgement in the case of Balbir Singh Vs State of Punjab decided on 4.2.1998 vide CWP No.9581 of 1993. He desired to know whether any speaking order has been passed in terms of the instructions of the Chief Secretary to Govt. Haryana dated 2.5.2002 on his representation in the context of similar case allegedly decided by the Punjab & Haryana High Court on 4.2.1998. The respondent department has conceded during the hearing that this has not been done and the reply sent vide letter dated 7.8.2007 was more in the nature of a routine reply. The following directions are therefore hereby given in this case :-

a)In view what has been stated above a formal reply shall be furnished to the appellant intimating whether any speaking order had been passed keeping in view the instructions of the Chief Secretary dated 2.5.2002 on the representation of the appellant dated 18.3.2006. In case a speaking order is yet to be passed this may be done within a month and the reply furnished to the appellant by 30.9.2007.

b)A compliance report shall be sent to the Commission by 10.10.2007.

Announced. To be communicated.

(G. Madhavan)

Place : Chandigarh Chief Information Commissioner,

Dated :29.8.2007 Haryana, Chandigarh.