Information in respect of delay in replying several representations from Senior Citizens. IInd Appeal dt 10-8-14, Application dt 22-4-14.

       M.V.Ruparelia, Chief Patron, All India Senior Citizens Confederation (AISCCON).

A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (E). District Thane, Maharashtra. 401 107.   M.09821732855. E/Mail: mvrup@yahoo.co.in

To                                              Date: 7-2-15.

Shri Ratnakar Gaikwad,

State  Information Commissioner, (Right To Information Act, 2005),

Maharashtra State, New Administrative Building, 13 th Floor, Opp. Mantralaya, 

Mumbai-400032.

Dear Sir,

Sub: Information in respect of delay in replying several representations from Senior Citizens. IInd Appeal dt 10-8-14, Application dt 22-4-14.

Ref: Your Speaking Orders dt 17-10-14 dismissing IInd Appeal.

1.      I am senior citizen 81, suffering from incurable Lung Disease, called IPF due to which I am not able to walk even 2-3 steps or do any activity without having intolerable  breathlessness, coughing etc. For a very long time, I was not able to look after myself independently, admitted to Hospitals twice, bed ridden during the time of above IInd Appeal and could not see your communications or reply them. Now, some recovery in general health has come, though breathlessness on walking 2-3 steps continues.

2.       On seeing papers now, it is observed that above IInd Appeal was dismissed without examining documents available with IInd Appeal & produced by PIO. PIO`s statement that requested information was given by her in her letter dt 2-6-14 is completely incorrect and misleading. I enclose her letter dt 2-6-14 for ready reference, simple perusal of this letter will reveal that no information is given, as requested in Application dt 22-4-14. No reply is given by Appellate Authority to whom 1^st Appeal indicating the incorrectness of reply of PIO was given. 7 Important points of not giving information were brought out in IInd Appeal in para 9 of IInd Appeal, which were also not examined and refuted/accepted in Speaking Order. Presence of Applicant during Hearing is not a must as per the RTI Act, 2005. AA has to examine documents and give reasoned speaking orders.

3.       Simple information is requested as to what delays the dealing and replying 15 letters listed in Application. For e.g. first Representation dt 17-10-13 to CM by name for State Policy on Senior Citizens declared on 30-9-13 followed by Bombay High Court`s orders no. Y-5301(iii/13)/1582/2013 dt 31-12-13, again followed by their orders no. Y5301(i/14)360/2014 dt 25-3-14 and many Media Reports not replied so far. Reply of PIO does not give any information for this. Government of India has declared all Indian Citizens of 60 years as senior citizens in entire India. Law of the Land, as laid down in Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has laid down statutorily that in India, citizens of 60 will be considered as senior citizen. How can the Richest and Most Advanced State of Maharashtra declare that in Maharashtra, citizens of 65 only will be senior citizen. Even toughest department of Central Government viz Income Tax Department has considered citizen of 60 as senior citizen!! Meetings with Joint Action Committee of large number of associations of senior citizens are not held for finalizing this issue affecting 33 lakh senior citizens, deprived of being called senior citizens.

4.      All 15 representations do not pertain to Policy framed in Sept, 13 on which no action is taken even after 17 months for items accepted in Policy and not requiring any monetary support. International Days for senior citizens are not celebrated in Mumbai, ignoring and insulting Elders of this most advanced State and no reply is given for such representations also. 16 schemes of Integrated Programme of Ministry of Social Justice for which money is given by Central Ministry, no instructions are being issued to Municipalities & Panchayats for which no money is to be spent by State, only circular is to be issued and pursued periodically. Neither circular is being issued nor reply to representation to CM is being given.

5.      Out of 15 representations, there are 5 RTI Applications, which are not replied, though sent by registered /speed posts.  As AAs nor anybody in this Ministry do not bother about appeals/correspondence/representations from Public, Rs 20 for fees and registered postage charges are not spent. Even SIC`s Orders are not carried out and replies are not given for non-compliance of orders.

We shall be thankful, if you also being senior citizen consider this sorry state of affairs in Maharashtra and do needful.

With Blessings & Best Wishes,

Yours Sincerely,

(M.V.Ruparelia)

Indifferent Attitude & Highhandedness of Government of Maharashtra towards Elders of Maharashtra.

By Regd A.D.

M.V.Ruparelia. Senior Citizen of 82 years. A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (E). 401107.   M. 9821732855.   E/Mail: mvrup@yahoo.co.in

To                                                          Mumbai. Date 8-5-15.

The Registrar General,

Bombay High Court, Fort, Mumbai-400032.

Respected Hon Chief Justice Of Maharashtra,

Sub: Indifferent Attitude & Highhandedness of Government of Maharashtra towards Elders of Maharashtra.

Ref: Your letters to the Secretary, Ministry of Social Justice & Special Assistance Department, Government of Maharashtra and copy to me under your  no. Y.5301 (iii/13)1582/2013 dt 31-12-13 and Reminder I no. Y5301 (i/14)360/2014 dt 25-3-14 and further Communication in Sept, 14 in response to my letter dt 18-8-14.

I am 82 years suffering from incurable lung disease called IPF having lot of breathlessness on walking even 2-3 steps.  We are thankful for your above directives to State Government but regret to inform that no reply is received so far even after 19 months of our representation dt 17-10-13 to  Chief Minister of Maharashtra, followed by reminders and representations of  our Joint Action Committee of 37 Organizations of Senior Citizens of Maharashtra under their letter no. 121-127/14 dt 7-10-13, 8-6-14 and 28-6-14 to rectify this anamoly of definition of Senior Citizen and to take action on various provisions of the State Policy declared on 30-9-13 and to give them opportunity to discuss various matters. Neither any reply is being given nor is meeting being fixed for discussion. Meeting fixed on         was a fiasco, as no concerned officers from various departments attended the Meeting.

1. The condition of 1.39 crore (60+ as per latest voters list of Maharashtra published on 31-7-14) Elders of Maharashtra is perhaps the worst in the entire country in this Most Rich & Advanced State. Maharashtra Government adopted National Policy of Older Persons, 99 (NPOP, 99) after 15 years on 30-9-13, after continuous chasing by our associations and individuals, which was depriving 1.39 crores of Elders of various facilities and concessions provided in Policy, 99. Worst thing the State did was to declare citizens of 65+ as Senior Citizens in Maharashtra against 60+ in the entire Country, depriving 35% of 1.39 crore Senior Citizens of Maharashtra from various concessions & facilities, they were getting till 30-9-13 as reported by Times of India in their Newspaper dt 1-10-13  without giving them opportunity to represent or heard.
2. National Policy, 99 considers 60+ as senior citizens. THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007-No. 56 OF 2007-[29th December, 2007] in Chapter 1-   2 – Definitions- defines senior citizen as under statutorily for the entire Country:

H: "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Standing Committee on Social Justice(2013-14) (15^th Lok Sabha) in para 23 of their 39^th Report have laid stress on this aspect and have desired that all Authorities must adopt uniform criteria for the definition of senior citizens and give due concessions/facilities as per definition.

Thus, Maharashtra Govt is going against laid down Law of the Country viz THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007-No. 56 OF 2007-[29th December, 2007] and all directives of Cabinet in NPOP, 99 and Parliamentary Committee.

3. Even after adopting some provisions of National Policy, 99 on 30-9-13, no action is being taken to implement any of the accepted and notified provisions, even after 20 full  months!! Under our letter dt 22-6-14 to Shri G G Alhatji, Up-Sachiv (Coordination), Ministry of Social Justice  & Vishesh Sahaya, Government of Maharashtra, Mantralaya, Mumbai-400032, we suggested to issue instructions for various provisions, where no funds are required but only outside stake holders have to be told to take actions as per State Policy. No action is being taken.
4. Apart from non-implementation of the declared Policy, even representations for various important matters to this Ministry for information or action are just not replied. We must have sent about 100 representations/suggestions and copies of facilities etc given by other States for similar action through Registered letters, Ordinary letters and E/Mails but none are replied. We brought this to the notice of Chief Minister under our letter dt 26-5-14 giving a list of only 15 important representations not replied by Ministry of Social Justice and Vishesh Sahaya stating that as per Chapter 3, Rule 10 of Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act (Act 21 of 2006), no file can remain pending with a Government servant for more than 7 working days (about ten days) and the final decision on any file should be taken in less than 90 days but in these cases no reply is being given even after this statutory limit.
5. THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 was adopted by Maharashtra State on 23-6-10 and notified in Extra Ordinary Gazeette no. 86. According to Sec 21 of these Rules, 2010, the State was to establish State Council of Senior Citizens to advise the State on effective implementation of the Act etc.Similar Council was necessary asper National Policy, 99. Even after 4 years of laying down the formation of such Council statutorily and District Committees of Senior Citizens and Volunteers` Committees of Senior Citizens at each Police Station (Sec 20), no action is taken to form any Negotiating achinery for Senior Citizens and requests for Meetings by our Organizations are denied.
6. Senior Citizens and their Associations of Maharashtra are not able to get anything done by this Ministry, inspite of repeated ``Protest Day`` and demonstrations in Azad Maidan for last several years on 16^th August for several years. They do not know to whom to approach. In Federal Democracy, representations to President, Prime Minister, Governors and Chief Ministers are just forwarded and forgotten. Associations do not have finance or willingness to enter in to legal fights with Authorities due to fear of being blacklisted etc. I or many of other social workers or office bearers do not need any concessions/facilities but want to help needy senior citizens. Overcrowded suburban trains discourage them to come to High Court etc. At 82, I am not mobile due to incurable IPF etc and to come to High Court with PIL etc from Mira Road! We, therefor come to you through this letter for helping 1.39 crore Elders of Maharashtra.

Thanking you,

Yours Sincerely,

(M.V.Ruparelia)