By Jayasree Kallat, Member:

 

            The complaint was filed on 31-7-02. Both sides were heard and order was pronounced on 30-12-2003 against which opposite party preferred an Appeal before the State Commission. After hearing the matter State Commission had remanded back the matter for fresh hearing and impleading CPWD in the party array.

 

            The complainants are the wife and daughter of Late Mr. Sreedharan Nair who was a Peon at the CPWD at Mumbai. He opted for voluntary retirement on 1-7-1987. He died on 31-12-1987. After death there was a dispute between the first complainant and another lady who was having illicit relationship with the above Sreedharan Nair, about the entitlement of pensionary benefits of the deceased. Later on an agreement was executed between the first complainant and the other woman as per which the other woman withdrew her claims. The complainant had obtained succession certificate from Munsif Court, Kozhikode on 27-6-1992. The complainant received the arrears of family pension from January 1998 to June 2001 and the same was received by them in January 2002. The complainant’s case is that the commuted pension, gratuity and other benefits due to late Sreedharan Nair were illegally withheld by the opposite party. The Forum after taking evidence and hearing both sides allowed the complaint directing the opposite party to disburse Rs.15279/- towards gratuity, Rs.20968/- towards commutation with interest at 12% from 1987 with compensation and cost.

 

            Against this order of the Forum the opposite party filed Appeal No.245/04 before the State Commission, Thiruvananthapuram. As per the judgment dated 6-6-09 the State Commission has remanded the matter to the Forum with finding that CPWD is a necessary party to the complaint. Accordingly complainant had filed an I.A. petition No.199/09 and 200/09 to implead CPWD as supplementary O.P. The petition was allowed and Pay and Accounts Officer, CPWD, WZ, 18^th Floor, CGO Annex, 101 M.K. Road, Mumbai was made a supplemental opposite party.

 

            Ext.A1 to A3 were marked on complainant’s side. Ext.B1 to B17 were marked on opposite party’s side.

 

            Notice was sent to the CPWD, Mumbai. Even though notice was served CPWD, opposite party-2 did not appear before the Forum. It was the contention of opposite party-1 that as per letter dated 30-3-1988 Ext. B2 opposite party-1 was requested to stop all payments till further intimation from opposite party-2, CPWD. As per letter dated 17-3-1999 the Executive Engineer, CPWD, Mumbai requested the opposite party to return the original pension payment order to the Pay and Accounts Officer. Opposite party-2 returned the pension payment order as per letter dated 21-2-2000. It is the contention of opposite party-1 that they have returned the pension payment order to the Pay and Accounts Officer, Department of CPWD, as per the direction of CPWD, opposite party-2, opposite party-1 is not in possession of the amount. Opposite party had returned the original pension payment order to the Pay and Accounts Officer vide letter dated 21-2-2000 ie. Ext.B6. The arrears of Rs.1,75,456/- on account of family pension for the period from 1^st January 1988 to 30^th June 2001 has already been disbursed as per the advice of the Chief Controller of Accounts. Pension as per Ext.B14, the sanctioning powers of release of terminal dues are vested with the Pay and Accounts Officer, CPWD. Opposite party-1 which has an arrangements with the Central PWD only for releasing pension. As opposite paprty-1 has no authorization of the Central PWD to provide the commuted value of the pension gratuity etc. Opposite party-1 is not in a position to disburse this amount. Hence it has been clear that opposite party-2 has to pay the commuted value of the pension, gratuity etc. to the complainants which is entitled to them.

 

            In the result opposite party-2 is directed to disburse Rs.15279/- towards the gratuity and Rs.20968/- towards commutation to the complainants forthwith. Opposite party-2 is also directed to pay interest @ 6% per annum on the above amount from 1987 till the disbursement of the entire amount. Opposite party-2 is also directed to pay a compensation of Rs.10000/- and cost of Rs.500/-.

 

Pronounced in the open court this the 24thday of May 2010.

                                    Date of filing    : 31-7-2002.

                       

             SD/- PRESIDENT                  SD/- MEMBER           SD/- MEMBER

 

APPENDIX

 

Documents exhibited for the complainant.

A1. Photocopy of Lawyer notice dt. 27-5-2002.

A2. Photocopy of letter dt. 23-7-2001.

A3. Photocopy of Succession Certificate.

 

Documents exhibited for the opposite party.

   B1. Photocopy of letter dt. 22-12-1987.

   B2. Photocopy of letter dt. 30-3-88.

   B3. Photocopy of letter dt. 27-9-88.

   B4.  Photocopy of letter dt. 1-8-91

   B5. Photocopy of letter dt. 28-5-99.

   B6. Photocopy of letter dt. 21-2-2000.

   B7.  Photocopy of letter dt. 30-7-99.

   B8. Photocopy of Succession Certificate.

   B9. Photocopy of Nomination for Death-cum-Retirement Gratuity.

 B10. Photocopy of letter.

 B11.  Photocopy of letter dt. 25-2-88.

 B12. Photocopy of letter dt. 18-7-88.

 B13. Photocopy of consent agreement.

 B14.  Photocopy of letter dt. 26-7-01.

 B15.  Photocopy of letter dt. 2-1-2002.

 B16. Photocopy of letter dt. 27-5-2002.

 B17. Photocopy of letter.

 

                                                                        Sd/- President

 

                                    // True copy //

 

(Forwarded/By order)

 

 

SENIOR SUPERINTENDENT.