LEGAL AWARENESS

To
Chief Information Commissioner
Central Information Commission
Block 4, Old JNU Complex
New Delhi, 110 067

From
A.Saroja
No 4, Rajiv Gandhi Nagar
Pettai SO
Tirunelveli, 627 002

Sir,
I hereby submit my appeal against the order of appellate authority cum Director Postal Services of Southern Region,Madurai ,625002 Tamilnadu.

In the outset I wish to submit the facts of my case for that, we are in the need of clarifications for claiming the amount due on savings account stands in the name of my husband B.Aruncachalm. My husband deceased on 23/05/2009 at my native leaving one savings bank account in his name at Pettai post office in Tirunelveli Town with the balance of Rs 43400/25 p (Forty Three Thousand & Four Hundred /25 p Only).

After the death, I preferred a claim for the dues as a wife of the deceased with the documents prescribed in the postal rulings to he postmaster of Pettai post office. However, the postmaster misquoted and misinterpreted the postal rulings and demanded the legal heir ship certificate for forwarding the claim to sanctioning authority.

After some intense arguments, I convince the postmaster in tune with postal rulings that there is no requirement for legal heir certificate if the claim not exceeds one lakh.The claim can be settled under oath on solemn affirmation before any authorities mentioned in the claim form.

To my surprise the claim papers has been returned to my residential address in the name of deceased for want of legal heir ship certificate. After receiving the documents, I lodged a web complaint in the DOP web site for getting the clarification in production of legal heir certificate for claim settlement. (Copy Enclosed).Once again they put a conventional reply and closed the complaint in midway.
Then I moved to the PIO cum Senior Supdt of Post offices,Tirunelveli Divn, 627002 under the RTI Act 2005 for reaching the finality in this matter.(Copy Enclosed).But in reply they never disputed the rulings of claim settlement on the basis of oath on solemn affirmation.

However, in convention (not in postal rulings) all claims without nomination if it is below one lakh we demanding the legal heir certificate for settlement. Such reply given by the CPIO is fully evasive and defensive in nature to safe guard their stand that is very much infringement with the claim rulings of DOP.

Aggrieved by this reply I preferred appeal against the orders to the Director Postal Services of Southern Region,Madurai ,625002 Tamilnadu. The reply given by the appellate authority is enclosed here with for your ready reference. The reply given in appeal by the appellate authority is fully defensive in nature to safe guard the ignorance of the postal officials and insisting the claimant to go beyond the postal rulings for settling their claim

In reply, for question number (a) by the CPIO it clearly confirmed that there is no necessity or mandatory to produce legal heir ship certificate for settling the claim. However, postal authorities demanding it to avoid counter claim & for identification purpose. Insisting the documents not mentioned in the postal savings bank rulings & DG post circulars are highly irregular and irrational.

Nevertheless, appellate authority not take the decision on tune with postal rulings and reasoning given in appeal is highly evasive & chaotic. As per the DG, Post’s circular the following documents alone required for settling the claim with out nomination it is not exceeding one lakh.

1) Claim form (SB-84) 2) Pass book or receipt of passbook
3) Proof of death of depositor 4) Consent or dissent statements of near relatives left behind by the depositor.



Besides there is a penal provision in the claim form it self to punish the offenders if any under Indian Penal Code for giving false declaration before any postal officers or authorities mentioned for taking oath or impersonation or concealment of vital information or criminal breach of trust.
The question of submission of legal heir ship certificate does not arise in any juncture as per the current claim rulings. But compelling such document by the postal authorities due to ignorance of claim rulings has been wrap up by the both PIO & appellate authorities.

Then in appeal DPS,Madurai gave a clean chit to the local postmaster and claim sanctioning authorities to settle the claim with their highest degree of satisfaction leads to the sky edge. For that, they can demand any documents like legal heir or succession certificate even though that is not in postal rulings.

Giving such unfettered right to the sanctioning authorities beyond the postal rulings and DG’s post circular is surely irrational but making them greater than the authority of DG post. Such bleak reply will leads to lot of mischievous interpretation in the all post offices and fix a customer in a complicated situation.

Then the sanctioning authorities must satisfy themselves with in the postal rulings not beyond that. Enlarge their way by way of such unregulated reply that is not in the purview of postal rulings may be corrected at least this time will guard the interest of customers.

Then the DPS defended the return of claim paper by the Sub Post master (SPM), Pettai, 627002 and mentioning him as sanctioning authority in appeal incorrectly & deliberately. Until toady SPM is, only a forwarding authority in connection with claim in case of there is no nomination. The competent authority is Postmaster, Tirunelveli in this case,

In reply citing the succession certificate and talk about so much of statutes in my case is unreasonable & confusing the matter further because postal authorities distinctively mentioned about the requirement of succession certificate if the claims exceeds one lakhs, which is having no nomination. (Ruling enclosed).More over SPM is not administering oath in this case.

The claimant at his liberty present before any postmaster in our country for giving oath.Claim-sanctioning authority can verify the authenticity through their channel. So SPM,Pettai is no need to bother about he legitimacy of my claim owing to the claim form has been attested by the Sub Postmaster of Admn Office So (BHEL),Tiruchirappalli,620014.(Ruling enclosed)


With reference to web complaint I am once again cocksure about the reply given by the concerned is incorrect and closed in the middle. They put a reply in web only for my first query inaccurately and before my further query, they closed the complaint abruptly. (Print out enclosed)

They put irrelevant reply in the subject matter in net. In addition, for further clarifications in connection with request the order or rulings for mandatory production of legal heir ship certificate put forth by me not answered. However, in appeal DPS Madurai has been affirmed with unfairness the net reply in full pledged one. It can be compared with the postal rulings whether it is complete one.

Therefore, I request your good self that the case may decide in favor with the present claim rulings enshrined in postal rulings and with Director General (Posts), orders and the authority concerned may kindly be instructed to settle the claim in present form at once.

I am ready to supply any further information if necessary.

Thanking you

Yours faithfully
Date: 20 /01/2010
Station: Tirunelveli -2

Documents Attached:

1) Copy of Web Comp
2) First RTI application addressed to Sr SPOs,Tirunelveli
3) Reply given by PIO,Tirunelveli-2
4) Copy of Appeal by myself
5) Decision by appellate authority
6) DG”s post circular No/61-6/84 –SB dated 27/04/1984
7) DG”s post circular 14-16/71 dated 27/12/1971
8) DG”s post circular 14-25 /75 –SS dated 14/11/1975
9) Oath Rlgs from POSB part 3 by A.N.Dureja Page No 158 &159
10) Copy Acknowledgement by the postmaster