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anuradha17

Railway Employee's wife and kid name in Family Declaration

Question

anuradha17

My husband is a Railway Loco Pilot in Western Railway posted at Porbandar (Date of Appointment Dec,2010), we got married in 2011 and have a 5 years baby kid. But My husband didn't mentioned these Family Declaration in his Service record, even he is hiding is marital status in service record. Tell me how to pressurize him to put the Family declaration in Service Record, so I and our kid will entitle for Railway benefits like Pass, Medical etc,. Also tell me what charges my husband will be entitle for hiding these facts in his service records. What related rules should I know and tell me which rule he falls?

Thanks

Anuradha

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Sunil Ahya

You may file a RTI application with the Public Information Officer of the concerned department of the Railways to seek a copy of the service records.

 

Kindly mention in the "Subject Matter of Information" as follows:

 

Subject Matter of Information:

 

Information pertaining to the service record of Mr. XX.

 

Please Note:

 

Mr. XX has not mentioned his marital status in his service record and therefore the exemption of section 8(1)(j) of RTI Act (as interpreted and given in Girish Ramchandra Deshpande v/s. CIC and Ors.) is overruled by section 8(2) of the RTI Act, 2005, which provides that, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

 

Description of Information Required:

 

1. Kindly provide a certified photocopy of the service record of Mr. XX.

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RAVEENA_O

Every Railway employee is required to look after his family and children. Family declaration given by a public servant before his marriage cease to exist upon marriage. Even if the employee did not advise the employer department, the very fact of marriage solemnized as per the religious custom cannot be denied. You and your children are entitled to get travel concession (Pass), medical facilities, Children Education Allowance etc. In case your husband take care of all these aspects otherwise than from Railways, there should be no grievances. If you are separated and not looking after you or not supporting the upbringing of your child, you can take up the matter with the Divisional Railway Manager of the Division where your husband is working on the basis of the Policy of Central Government, a copy of which is attached below.

 

The alternative is to file proceedings before the Family Court for maintenance. On the basis of Govt Policy to look after the family and children, which is a protected right of the family, you can seek salary certificate / salary slip of your husband, giving your identity as his wife, such as copy of wedding card, marriage photo, copy of pass or medical card, in order to claim appropriate amount of maintenance.

Rly Emoployees to look after family E(D&A)2005GS1-1 dated 12_4_2005.PDF

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Sunil Ahya
Tell me how to pressurize him to put the Family declaration in Service Record

Thanks

Anuradha

 

There are a number of alternative ways to approach an authority for instance writing and complaining to the departmental head , engaging lawyers, approaching family courts etc. but experience has shown that the cheapest and best way forward is to file a RTI application (costs just Rs. 10/- + postal charges) and seek (disclosure of information) transparency to bring in accountability.

 

At times complaints fall (not in every case but in quite a few cases) on deaf ears, whereas RTI being a time bound process brings in accountability.

 

If the gentleman has provided false information in his service record, then it should get corrected with alacrity by the sight of RTI application.

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Prasad GLN

I am afraid that the member who has posted the query has not received precise guidance. The issue raised was as under, and replies went upto desertion and seeking maintenance through Court. The issue is simple as to why the employee is not providing the information of his wife and children in service records. Is there any advantage to him, if they are not provided. Whether not providing such important details amounts to concealment of facts to his employer and whether it amounts to misconduct. These are the questions. The original query was as under

My husband didn't mentioned these Family Declaration in his Service record, even he is hiding is marital status in service record. Tell me how to pressurize him to put the Family declaration in Service Record, so I and our kid will entitle for Railway benefits like Pass, Medical etc,. Also tell me what charges my husband will be entitle for hiding these facts in his service records. What related rules should I know and tell me which rule he falls?

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anuradha17

I would like to thank you for the invaluable information you provided to me. Can I ask for the salary slip of my husband in the "Description of Information Required" field, because he is also hiding(or telling insufficient salary) his salary to us and avoid to maintain financial obligations for me and our 5 year old baby girl. My husband has very cruel intentions about us, because I gave birth a girl child.

 

- - - Updated - - -

 

It was just what I needed. Thank you so much Raveena. I genuinely appreciate your help. I appreciate your efforts in collecting the information and getting it to me so quickly.

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anuradha17

"......the cheapest and best way forward is to file a RTI application (costs just Rs. 10/- + postal charges) and seek (disclosure of information) transparency to bring in accountability."

Could you guide me how to file RTI? which one is more effective for Railway Employee, Online RTI or Basic Offline RTI, because I have tried to register on a RTI Portal, www.rtionline.gov.in

Should I go ahead on this Portal and file RTI, Please guide me.

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Sunil Ahya

1. Yes, you can ask for the salary details of your husband, in fact, as per the provision of section 4(1)(b)(x) of the RTI Act, a public authority (in this case the public authority is Railways) is supposed to suo-motu (on its own) disclose the salary details of all its employees.

 

2. Online RTI works fine, you may go ahead and file it.

 

3. While filing the RTI application do mention the details in the subject matter of information as given in post no. #2 of this thread, else the PIO is most likely to deny the information by citing the decision in Girish Despande's case, not that he may not do the same despite mentioning the said details in subject matter of information, but by mentioning it you stand a better chance of getting the information.

 

4. Also please read the blog on the following link:

 

Kindly do not worry about the exemptions at the stage of filing a RTI application.

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