Per Shri Dhanraj Khamatkar, Hon’ble Member
This appeal takes an exception to an order dated 20/07/2009 passed by District Consumer Disputes Redressal Forum, Raigad in consumer complaint No.03/2009.
2. The facts leading to this appeal can be summerised as under :-
The org. complainant Mrs.Manda wife of Ashok Kelkar was Assistant Teacher in a school run by Konkan Education Society, Mahad. The complainant retired from the service on 01/11/2004. She got all her retirement benefits. However, there was delay of 2½ years in getting the retirement benefits. As the pensionary benefits was not sanctioned as per the Standing Orders of the Government, she has filed consumer complaint alleging the deficiency on the part of opponents and prayed for interest @ 12% p.a. amounting to `2,81,614/- from the opponents for delayed payments of pensionary benefits.
3. The opponent No.3 contested the complaint by filing written version contending that the complainant has not added necessary party in the complaint as the school is run by Konkan Education Society Trust and all the Trustees have not been made as necessary parties. Opponent further contended that the complainant was informed well in advance to make compliance necessary for the pension proposal to be submitted to opponent No.2. However, she has not made the necessary compliance in time. She has submitted the pension proposal on 27/05/2004 and the opponent No.3 had submitted the same to the Society on 07/06/2004. While sending proposal to the concerned authority, it came to the notice of the complainant that she has not completed 33 years of service and hence, she would not get full pension. As she served in Sharada Vidyamandir, Kalyan in the year 1970-71 and if that period is counted in her service, then she will be entitled for the full pension. Hence, complainant herself approached to the Deputy Director, Education for condonation of break in service by letter dated 08/06/2004. Accordingly, Deputy Director passed necessary order and the opponent No.3 submitted the same on 10/01/2005 to the Government. The government returned the same on the ground that there is a revision in pay and taking into consideration the revision in pay, the proposal be submitted. Accordingly, opponent No.3 submitted proposal on 07/02/2005. Hence, opponent No.3 contended that there is no deficiency on their part and hence, prayed for dismissal of complaint.
4. Opponent Nos.1&2 filed their written version saying that they have received proposal on 07/02/2005 and they have submitted the same to the Accountant General on 19/04/2005. They further contended that the complainant should have got condoned the break in service before two years of retirement. At the time of passing the order of condonation of break in service by Deputy Director of Education, Service Book of the complainant got misplaced and whatever delay occurred was because of misplacing the Service Book and preparing Duplicate Service Book. They further contended that there is no deficiency on their part and hence, requested for dismissal of complaint.
5. District Consumer Disputes Redressal Forum after taking into consideration the complaint filed by the complainant, written versions filed by the opponents, evidence adduced by both the parties on affidavit and the pleadings of their Advocates, partly allowed the complaint directing opponent No.3 to pay an amount of `1,93,865/- to the complainant within 45 days and `3,000/- as costs and if there is delay in payment, interest @ 4% p.a. on the amount of `1,93,865/- be paid to the complainant. District Consumer Disputes Redressal Forum had dismissed the complaint as against opponent Nos.1&2. Being aggrieved by the order of the District Consumer Disputes Redressal Forum, org. opponent No.3 has filed present appeal.
6. We heard Mr.Avinash Fatangare, Advocate for the appellant and Mr.Ashok Kelkar, Husband and Authorised Representative of respondent No.1.
7. Admittedly, the complainant was Assistant Teacher with the appellant. She was to retire on 01/11/2004. Admittedly, the appellant informed her well in advance to submit pension papers well in advance. As per the Government Standing Orders, the appellant should have submitted the papers on 27/05/2004. After submitting pension papers, she came to know that she has not completed 33 years of service and hence, she would not get full pension. To take advantage of full pension, she wanted condonation of break in service as previously she was serving in the Sharada Vidyamandir, Kalyan. Accordingly, she applied to the Deputy Director, Education for condonation of break in service on 08/06/2004 and on 07/01/2005 the Deputy Director has condoned the break in service. In a process, original Service Book of respondent No.1/complainant got misplaced and whatever delay occurred in sanctioning pensionary benefits to respondent No.1 is because of misplacement of Service Book. Learned Forum had observed in its order that she was aware of her retirement date. However, she has not taken any steps well in advance to condone break in service. The Learned Forum has also observed that the appellant had given the instructions to respondent No.1 for preparing pension papers well in advance. However, she has not taken proper steps. Authorised Representative has fairly admitted that he does not have any grievance against the appellant. Whatever delay has occurred, it was occurred at the level of org. opponent Nos.1&2. However, District Consumer Disputes Redressal Forum has dismissed the complaint in respect of org. opponent Nos.1&2 and respondent No.1 has not filed any appeal against that order. In view of specific admission by respondent No.1 that delay has occurred at the level of org. opponent Nos.1&2 and he does not have any grievance against the present appellant, the order of the District Consumer Disputes Redressal Forum becomes infructuous and irrelevant. We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal is allowed.
2. The order of the District Consumer Disputes Redressal Forum is hereby set aside.
3. No order as to costs.
4. Copies of the order be furnished to the parties.
Pronounced
Dated 12th December 2011.
