ADV. RAVI SUSHA, MEMBER. Complaint filed this complaint for getting disablement pension and for other benefit. The averments in the complaint can be briefly summarized as follows: Complainant was a worker in Abbas cashew factory in pealing section. She retired from service on 24.1.2004 due to T.B. Though she had applied for getting disablement pension, the opp.party rejected her pension application. Hence she approach the Forum for relief. The opp.party filed version contending, interalia, that the complainant maintainable either in law or on facts. The complainant was an employee of M/s. Abbas Cashew Company, Kollam. She joined in the EPF Scheme 1952 and Employees Family Pension Scheme 1971 on 1.8.1995 with A/C.No.KR/1238/1365. The year of birth of the complainant is 1975 as per the nomination form in EPF Form No.2 executed by her . The complainant left service on 31.12.2002. After retirement the complainant applied in EPF Form 10D for disablement pension. The complainant had produced an attested Xerox copy of the medical certificate obtained from District TB Centre, Kollam. The date of issue of the medical certificate is not clear. In the medical certificate, it is stated that the complainant is under treatment for bronchial Asthma from 6/2003. It is clear that she left service not because of any disability but she resigned voluntarily. As per the provisions of the scheme disablement pension can be sanctioned to an EPS member only if she became permanently and totally disabled while in service A certificate should be obtained to that effect from a specially constituted Medical Board.. The complainant left service on 31.12.2002 and in the medical certificate it is certified that she is under treatment from 6/03. Since she resigned voluntarily without mentioning any reason or disability she is not entitled to get disability pension. She is also not entitled to get pension as she has not completed 10 years of eligible service. The complainant applied for withdrawal benefit in EPF Form No.10C and the application was processed and the amount of Rs.1261/- was paid to her on 31.1.2006. Thereby the membership of the complainant under EPS 95 ceased on 31.1.2006. The opp.party had settled the pension account of the complainant as requested by her and eligible benefit under the scheme has been paid to her. She joined in the EPF scheme and EPS opn 1.8.95. The allegation in the complainant that she retired from service on 21.4.04 is not correct. The records produced by the opp.party shows that he has resigned from service on 31.12.2002 without stating any reason She was not an employee during 6/03 when she was undergoing treatment. There is no deficiency in service on the part of the opp.party. Hence the opp.party prays to dismiss the complaint Points that would arise for consideration are: 1. Whether the complainant is entitled to get pensionary benefits under EPS 1995. 2. Whether there is deficiency in service on the part of the opp.parties 3. Reliefs and costs. For the complainant PW.1 is examined. Ext.P1 to P4 are marked. For the opp.party DW.1 is examined. Ext. D1 to D4 are marked. POINTS: The only matter to be decided is whether the complainant is eligible to get the disablement pension. The complainant’s case is that she retired from service on 24.1.2004 due to disease and produced relevant document before the opp.party. Opp.party’s contentions are that the complainant retired from service on 31.12.2002. Complain ant is not eligible for pension because the complainant had produced an attested Xerox copy of the medical certificate from District TB Centre, Kollam. In the certificate it is stated that the complainant is under treatment for bronchial Ashma from 6/03. More over the complainant did not fulfill the conditions for eligibility provided in para 15 of of Employees Pension Scheme 95 and the complainant has rendered only 8 years service. Here the complainant produced four documents marked as Ext.P1 to P4. Ext.P3 is the original of disability certificate issued by District TB Centre, Kollam. In that certificate it is stated that the complainant is under treatment from 6/03 and it shows that she is permanently unfit for the employment due to chronic Bronchial Asthma. Ext.P2 is the termination letter issued by the employer. That shows that the complainant had retired from service on 1.8.2005. From Ext.P2 and P3the opp.party’s contention that the complainant did not fulfill the conditions for eligibility provided in para 15 of Employees Pension Scheme 1995, cannot be taken into account. Opp.party’s next contention that the complainant has rendered only 8 years service. But by considering Ext.P2 issued by the employer the complainant retired from service only on 1.8.2005. That means the complainant has rendered 10 years service. Hence by considering Ext.P2 and P3 the complainant is eligible to get the pensionary benefit under the EPS 1995 as per para 15 of the EPS 95. There is deficiency in service on the part of the opp.party. In the result the complaint is allowed, directing the opp.party to release the disablement pensionary benefit under the EPS 1995 to the complainant from 1.9.2005. The amount carries 9% interest from the date of order. Opp.party is also directed to pay Rs.1000/- as compensation and Rs.500/- as cost to the complainant. The order is to be complied with within one month from the date of order. Dated this the 31st day of December, 2009. : . I N D E X List of witness for the complainant PW.1. – Saraswathy Amma List of documents for the complainant P1. – Application for PF Pension P2. – Termination order P3. – Medical certificate P4. – Disability certificate List of witnesses for the opp.party DW.1. – Abdul Latheef List of documents for the opp.party. D1. - Form No.2 D2. – Medical Certificate P3. – Break in service certificate D4. – Letter dt. 27.12.2005 | 
