SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-deduction of Insurance Premium Amount and non-payment of Insurance benefits are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that, Complainant serves under Department of School & Mass Education, Govt. of ODISHA on the post of Head-Master, Fogala Janhimulla U.P.School, Derabish from the year 1986 and drawing his monthly salary from Dist. Inspector of Schools, Kendrapara presently designated as Block Education Officer, Derabish (Op No.1). It is alleged that Complainant has paid Rs. 2700/- towards General Insurance premium from the dtd. 07.07.1986 to the year 2000. After that without any valid reason Op No.1 has not deduct the monthly GIS premium amount and GIS is discontinued for the wrong acts of the Ops. Complainant made written representation to the Higher Authorities for deduction and continuation of Group Insurance Scheme, but all went invain and the acts of the Ops gave financial loss and mental agony to the Complainant and his family members. The cause of action of the case arose on different dates i.e, on 11.09.2017, 10.10.2017, 24.11.2017, and 11.12.2017, when the complainant made the written representation to the authorities. Hence, the Complaint is filed seeking direction of the Forum to Ops regularizing the GIS premium amount from 2000 to till date , and to refund the GIS deposited premium amount with accrued financial benefits in case the continuance of GIS is not possible and to pay Rs. 22,000/- as compensation for mental agony alongwith cost of litigation.
3. Upon Notice Block Education Officer( OpNo.1) appeared into the dispute and filed written statement into the dispute, where it is averred that Complainant was serving as Ex-Head Master Fogala Janhimulla U.P.School under Dist. Inspector of Schools, Kendrapara from 07.07.1986 to 25.04.2000. It is also averred that after re-organization of D.I. of Schools, the B.E.O. (Derabish) Op No.1 came into existence from the year 2013. It is further stated that on dtd. 26.04.2000 to till date Complainant is absconding from his service and during 07.07.1986 to 25.04.2000 an amount or Rs. 2700/- has been deducted from the salary of the Complainant towards GIS Premium amount and after that as the Complainant was absconding and not drawing his salary, it was not possible to deduct the GIS premium amount. It is further averred that the then D.I. of Schools, Kendrapara rejected the representation of Complainant vide letter No. 3874dtd. 01.08.2012 in connection to order dtd. 01.03.2011 of Honbl’e High Court of ODISHA in w.p.(c) No. 6019/2000. It is revealed that the Complainant has filed another OJC No. 15466/2012 before Honbl’e High Court of ODISHA on GIS and other service issue and the same is pending sub-judice. It is averred that non-deduction of GIS Premium amount occurs due to fault of the Complainant not for the wrong acts of the Ops and no application of the Complainant has been received for refund of GIS amount on his Account (upto dtd. 26.04.2000). Accordingly, petition bears no merit and is liable to be dismissed.
The Principal Secretary-cum-Commissioner, Deptt. of Finance Govt. of ODISHA(OpNo.2) and Dist. Education Officer, Kendrapara (Op No.3) on receipt of the Notice appeared through Ld. Govt. Pleader and filed separate objections to the Complaint. The objection of these Ops are similar in connection to factual aspect of the case as narrated by Op No.1. It is further added that vide Finance Deptt. Resolution No. 34360/F dtd. 05.08.2011 vide notification No. 1930-GIS-11-5712011-F dtd. 26.04.2011, wherein the procedure of deposit of GIS Premiums are directed.The OpNo.2 & 3 categorically averred in the written statement that Complainant has never applied for GIS Premium at any point of time before the authorities and fault lies with the Complainant, accordingly the complainant is deserve to be dismissed.
4. Heard the submissions of authorized Agent appearing for the Complainant and case of the Ops on merit. In support of his claim, Complainant files letter addressed to the Ops on different dates, which are marked as Annexure 1 to 5, Op No.1, B.E.O. also files the attested Xerox copies of letters as per their written statement.
Considering the complaint, written statement of Ops and on perusal of letters, the facts of the case are that, Complainant was serving as a Ex- Head Master Fogala Janhimulla U.P. School and the monthly salary to the Complainant was given by D.I. of Schools, Kendrapara and the D.I. of Schools on the year 2013 reorganised as Block Educational Officer, Derabish (Op No.1), It is also a fact that Complainant’s monthly GIS Premium was deducted from his monthly salary starting from July-1986 to April-2000 and an total amount of Rs. 2700/- is deposited as GIS Premium amount in the Account of the Complainant, and same is pending for disbursement till-date.
The allegations of deficiency in service against Ops and the prayer of the Complainant mainly on two points. First, it is alleged that, Op authorities without any valid reason has not deducted the GIS Premium amount after the year-2000, for which the Group Insurance Scheme, where the Complainant is a beneficiary discontinued and secondly, the deducted GIS premium amount of Rs. 2700/- is not disbursed to the Complainant till-date. Countering the allegations the Ops state that, Complainant is remaining abscond from his duty from 26.04.2000 to till-date and as the Complainant is not getting has monthly salary, the deduction of GIS Premium amount is not possible. The facts appear from the dispute are that the Complainant has entered into litigation against the Ops vide w.p.(c) No. 6019/2000 and w.p.(c) No. 15466/2012 before the Honbl’e High Court, ODISHA, where the present allegations of GIS is a matter to be decided as revealed from the written statement of Op No.1, B.E.O., Derabish Block. The present allegations of the Complainant has been communicated to higher authorities of Op No.1vide their office letter No. 1699 dtd. 28.12.2017. Further Complainant does not file any counter to the version of Op No.1,when he received the copy of written version on the present dispute.
Accordingly, it is clear that the present dispute placed before us is already pending sub-judice before Honbl’e High Court, ORISSA in afore- mentioned w.p.( c) case and OJC. Further, the Complaint is silent regarding the pending litigations, which is nothing but a suppression of material fact for proper adjudication of the dispute. The Next point is ‘limitation’ as per the provisions of C.P.Act-1986, U/S24-A, where a time-limit of two years from the date of cause of action has been provided under the Act to file a complaint. According to own admission of the complainant, Ops did not deduct the GIS premium amount after April,2000, then the last cause of action arose in the year 2000 and as per the provisions of C.P.Act. The complaint has to be filed within two years i.e. the year 2002, but in the instant case the complaint has been filed in the year 2017, which is after 17 years of non-deduction of GIS premium amount. Though in the complaint it is stated that complainant made representation to the Ops on different dates starting from dtd.10.10.2017, it is difficult to believe that, complainant being an educated person wait for a long period of 17 years to get back the deposited GIS premium amount. The cause of action narrated in the complaint is fabricated and designed to make a complaint before this Forum. Thus, the complaint is barred under limitation as provided under C.P.Act,1986. In our view, this Forum is limited to adjudicate only ‘deficiency is Service’ if any committed by the authorities. In this case when the matter is already sub-judice in a higher Court, this Forum cannot express any opinion in this regard, if any opinion is expressed it will be miscarriage of Justice. Moreso, the office order No.3874 dtd.01.08.2012 of Inspector of Schools, Kendrapara reveals that in pursuance to Order No.4 dtd. 01.03.2011 of Hon’ble High court, Odisha passed in w.p.(c) No.6019/2009. The representation of complainant Sri Panda in relation to GIS considered and disposed of as follows “(1) That, GIS deduction in favour of the petition was made for Rs.2700/- and the Bank Drafts alongwith others have been sent to Finance Deptt.,Odisha. The details balance sheet is submitted herewith. But the GIS pass book might have with him”. On the observations, it is clear that, when a litigation is pending sub-judice relating to service dispute of the Complainant, the Ops have no committed any deficiency in service as alleged by the Complainant.
In this case in hand, the grievance of the complainant regarding GIS dispute is to be redressed in accordance with the direction/observations of Honbl’e High Court, ORISSA and on completition of official formalities.
Accordingly, the Complaint is disposed of. No order as to cost.
Pronounced in the open Court, this the 14th day of December,2018.
I,agree
Sd/- Sd/-
MEMBER PRESIDENT
