Orissa

Baudh

CC/13/2014

Golapi Palia - Complainant(s)

Versus

Block Education officer(D.I).Boudh - Opp.Party(s)

LD Adv

01 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BOUDH
NEAR CIRCUIT HOUSE, BOUDH, 762014
 
Complaint Case No. CC/13/2014
( Date of Filing : 25 Mar 2014 )
 
1. Golapi Palia
W/O-Late Laxman Ch.Palia,at.Sanabankapada,Po-Sarsara,P.S/Dist-Boudh
...........Complainant(s)
Versus
1. Block Education officer(D.I).Boudh
At/po/Dist-Boudh
2. Controller of accounts,Bhubaneswar
At/Po:Bhubaneswar
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Padmanava Mahakul PRESIDENT
 HON'BLE MR. Suvendu Kumar Paikaray MEMBER
 
PRESENT:
 
Dated : 01 Dec 2015
Final Order / Judgement

            1.The case of the complainant in brief is that the complainant filed this case against the O.Ps  for a direction to  release her  undrawn pension  and compensation.

              2.  The case of the complainant in brief is that  her husband  was working  as a Primary teacher  and died on 15.5.2011  .After the death of her husband the complainant   could not  get  her   family pension in time. As such an arrear Rs.81,866/- was could not drawn when she received her family pension. The PPO number No36527 of  her late husband   Laxman  Charan Palia issued  by the Controller of Accounts Odisha .When the complainant moved for release of his  arrear undrawn pension the Treasury Officer Boudh furnished a calculation sheet vide his letter NO.67960 dtd.11.12.2013 amounting Rs.81, 856/- for sanction of the pension to the sanctioning authority as per the service Rule 318 O.T.C.Vol I authorization for payment to the complainant. Though the complainant made several representation before the O.P. no steps have been taken by them .At last she came to this forum for a direction to sanction for her undrawn pension. By this time the sanction power for the said undrawn pension of her late husband have been transmitted to O.P.no.3 (B.E.O Harabhanga) as such the complainant    made him  a party in this case.

        3. After being noticed, the O.Ps appeared and filed their respective counter. Though the O.P no.1  received notice from this forum no counter has been filed on behalf him .The case of the O.PNo.2 has mentioned  in para  No.2 of his written version  that  on receipt of proposal for authorization of undrawn pension from Treasury Officer Boudh the concerned sanctioning authority  i.e. D.I. of School   was immediate moved through his letter No.67966/CA   Dtd.11.12.2013 to accord necessary sanctioned  and communicated to this OP. as per the service Rule 318 O.T.C  the same is still awaited. Further in Para no 3 of the written version on receipt of sanction order from the said O.Ps  the pension will be authorize in favour of the complainant. The letter also filed by the O.Ps cleared mentioned this fact. The case of the O.PNo.3 is that the dispute is not maintainable under consumer Protection Act.Further the O.PNo.3 submitted that the complainant had not made any representation to him for sanction of undrawn pension. The O.P NO.3 has not received the connecting papers in respect of undrawn pension claimed of Laxman Charan Palia( husband of the complainant from the O.PNo.1,D.I. of School, Boudh  ( Now B.E.O) Boudh who is the pension sanctioning authority. The Dispute is barred by time and pray for dismissal of the case. The O.PNo.3 also filed documents relating to the letter issued to B.E.O, Boudh (O.PNo.1) to provide the documents of the husband of the complainant for sanction of the  pension claim. The D.E.O, Boudh also issued a letter to the B.E.O, Boudh/ O.P.No.1 to transmit all documents to the O.PNo.3 for necessary action in this case. Though several adjournment has been taken by the O.P No.1 no counter has been filed and the same is set ex-parte.The complainant filed also the letter addressed vide Memo No.67967 dtd.11.12.2013 from the Asst.Controller of accounts .Though in the meantime two years have already been passed, no steps have been taken by the O.PNo.1 for sanction of her undrawn pension  and in the meantime though letter has been issued to him by O.P No.3 and D.E.O, Boudh no steps have been taken by him which shows deficiency of service  and unfair trade practice made by him.

    Taking into consideration of the case of the complainant and counter submitted by the both the parties we allow the case of the complainant in part and direct the O.PNo.1 to hand over all documents to O.PNo.3 relating to the pension matter of late Laxman Charan Palia husband of the complainant within one month and after receiving the same the O.PNo.3 will take immediate steps for sanction of the undrawn pension per Service Rule 318 Vol.I of O.T.C for authorization payment to the complainant /wife of late  Laxman Charan Palia pension holder No.36527.If the O.P No.1 failing to carry out the order within the specific time he shall  pay 12% interest  of the pension amount to the complainant till the date of realization. The case against O.PNo. 2 is dismissed without cost.

                    Order pronounced in the open court under the seal and signature of the Forum this the 1st day of December, 2015.

 
 
[HON'BLE MR. Padmanava Mahakul]
PRESIDENT
 
 
[HON'BLE MR. Suvendu Kumar Paikaray]
MEMBER
 

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