DISTRICT CONSUMER DISPUTES REDRESSAL FORUM;BHADRAK
……………………
C.D.Case No.103 of 2014
Sri Basant Kumar Jena, aged about 61 years,
Bant Anchalika College,
S/o: Nityananda Jena,
At:Chunati(Pathara Adi),
Dist:Bhadrak
………………………..Complainant
(Vrs.)
1. Principal-cum-Secretary,
Bant Anchalika Mahavidyalaya,
At/PO: Bant,
Dist:Bhadrak
2. The Sub-Collector,
Bhadrak
3. Regional Employees Provident Fund Commissioner,
Bhavishyanidhi Bhawan,Janpath
Unit-IX, Bhubaneswar-751022
……………………………..Opp.Parties
Order No.25 dt.24.08.2015:
The Complainant, who is an Ex-Lecturer of O.P.No.1-College has filed this case alleging deficiency in service against the O.Ps with prayer for a direction to release rest Block Grant amount after deduction of employee share, to regularize the Service Book, to take action against O.P.No.1 for violation of EPF rule in not depositing the subscription in due time and for payment of compensation of Rs.50,000/- to him.
The case of the Complainant in nut-shell is that he is the Ex-Lecturer in Political Science of O.P.No.1-College. The Complainant retired from service on 31st January,2014. According to Complainant the Director, Higher Education, Odisha, Bhubaneswar vide Office Order No.34392 dt.30.09.2014 accorded Block Grant w.e.f.01.02.2009 in favour of Complainant @ Rs.11,139/- per month. The F.A.-cum-Joint Secretary to Government vide their letter No.24879 dt.27.10.2014 sanctioned and released funds of Rs.6,57,201/- in favour of Complainant to be utilized by 31.12.2014.Further, the Addl.Director of Higher Education in his letter No.31854 dt.12.09.2014 intimated O.P.No.1 that there is no linkage of Block Grant with the salary, allowances payable to all such employees by the Governing Body from time to time. Moreover, the O.P.No.1 disbursed Block Grant for the period from 02/2009 to 02/2012 in favour of the Complainant without deducting the employee share of EPF for which the Complainant sustained financial loss. Apart from the above, the O.P.No.3 denied disbursing the Block Grant for the period from 03/2012 to 12/2013 out of sanctioned amount. So also the Service Book of the Complainant has not been regularized by O.P.No.1 intentionally for which the Complainant has been debarred to get pension and other financial benefits. As such, the Complainant filed the present case on 10.12.2014 with a prayer to direct the O.P.No.1 to release the rest Block Grant after deducting the employee share from 02/2009 to 12/2013, to regularize the Service Book, to pay compensation of Rs.50,000/- and the O.P.No.3 be directed to take appropriate action against O.P.No.1 as per law for violation of EPF Rule.
O.P.No.1 filed written version challenging maintainability of the case before this Forum. He pleaded inter-alia that Bant Anchalika College has been managed by Governing Body, headed by the O.P.No.1 as Principal-cum-Secretary. Block Grant in favour of three employees including the Complainant amounting to Rs.13,50,625/- was posted to SBI account, Bhadrak of the College on 28.11.2014. The same was found only when Pass Book was updated and queries made with DHE without any correspondence to that effect by O.P.No.1 but the letter No.24879 dt.27.10.2014 does not reflect about distribution part against any individual’s name. The Complainant has been paid Rs.4,10,343/- out of Rs.6,57,301/- vide account payee cheque bearing No.155676 dt.04.12.2014. One Mr.Rambhamani Jena of the same allotment has already refunded her salary advance and taken her Block Grant. The Complainant being a retired employee, there is no other way to recover the advance. In D.H.E.’s Order No.34392 dt.30.09.2014 it has been categorically instructed that Principal will be held responsible for any mistake/double payment in this regard. Further, the Complainant was asked to submit his PAN for deduction of Tax from Rs.6,57,201/- earned during this Financial year so that the deducted amount can be deposited against his PAN. Besides, the Complainant agreed to refund the advance and requested to make part payment. However, ignoring all these lacunas of the Complainant, the O.P.No.1 has given major portion of allotment to him within 6 days i.e. by 04.12.2014. As regards, deduction of EPF, there is no official order with O.P.No.1 to make deposit against an employee who has retired long ago. The service of the Complainant was regularized much after his retirement. The Complainant retired on 31.01.2014. Deposit of EPF contribution against the Complainant has already been done upto the month of his retirement i.e. January,2014. At the time of retirement the Complainant has no Service Book. It was the duty and responsibility of the Complainant to get his duplicate Service Book updated every year. The person concerned keeps the duplicate copy of his Service Book with him and it is his responsibility to get it updated annually. Lastly, the O.P.No.1 asked the Complainant to produce disbursement letter from Director, DHE, Govt. of Odisha, PAN for IT deduction/IT clearance, DHE’s letter or G.B. Order not to recover salary advance for the period and PF Commissioner’s order to make deposit against a retired employee and G.B.’s approval to bear the burden of 13.61% of salary per month as employer’s share along with penalty as the amount allotted for the period from February,2009 to December,2013 was communicated in the month of November,2014 only.
O.P.No.3 filed his written version stating therein that on receipt of complaint with regard to non-deduction of EPF share by O.P.No.1 out of disbursed Block Grant for the period from 02/2009 to 02/2012 and deposit of the same with matching share, the Enforcement Officer was directed to visit the Establishment. As per report of the Enforcement Officer dt.02.03.2015, the Complainant was an employee of the establishment under O.P.No.1 and his PF A/C.No. is OR/5641/13 who retired from service on 31.01.2014. Further, the report reveals that the O.P.No.1 has disbursed the management share well by deducting the PF contribution as well as the share of the management. But while disbursing Block Grant to the Complainant, no contribution has been deducted. As per the report and suggestion of the Enforcement Officer, enquiry u/s.7A of the EPF & MP Act,1952 has been initiated for the period from 02/2009 to 01/2014 to assess the liability in respect of the Complainant and a notice dated 10.03.2015 to that effect has been issued to O.P.No.1 to show cause or to give explanation to the notice. In their additional written version dt.3.8.2015, the O.P.No.3 stated that the Principal, Anchalika Mohavidyalaya, Banth(O.P.No.1) has deposited the Provident Fund and allied dues in respect of Sri Basanta Ku. Jena amounting to Rs.66,180/- with RPFC, Odisha. The payment of PF and Pension dues in respect of the Complainant can only be settled on receipt of claim application in F.No.19 & 10 “D” from him duly forwarded and countersigned by the employer. Hence, prayed that the Complainant may kindly be advised to furnish the Claim in F.No.19 & 10-“D” to O.P.No.3 duly forwarded through his employer for early settlement of PF as well as Pension entitlement.
We have heard the Ld.Counsel appearing on both sides and perused the complaint petition and documents available on record. The Complainant who was an Ex-Lecturer in O.P.No.1-College has filed this case praying for a direction to the O.P.No.1 to release the rest Block Grant after deducting the employee share from 02/2009 to 12/2014, to regularize the Service Book, to pay compensation of Rs.50,000/- and the O.P.No.3 be directed to take appropriate action against O.P.No.1 as per law for violation of EPF Rule. Admittedly, the Complainant retired from service on 31st January,2014. EPF premium was deposited against the Complainant till the date of his retirement. The service of the Complainant was regularized after nine months of his retirement came under the fold of GIA in the form of Block Grant and fund was sanctioned on 27.10.2014. It is the specific case of O.P.No.1 that had the Complainant got any circular or order to make deposit of EPF contribution against a retired employee; he should have produced it before O.P.No.1 and declined to receive the arrear amount on 04.12.2014 without deduction of EPF. But instead of doing so, the Complainant received the arrear amount and filed the present case on 10.12.2014. However, as per direction of O.P.No.3, a sum of Rs.66,180/- has been deposited towards P.F. and other allied dues against A/c. No.OR/5641/13 for the period from 02/2009 to 01/2014.
While going through the record, we are convinced that the EPF and other allied dues of the Complainant, out of arrear Block Grant has been deposited by O.P.No.1 in the account No.OR/5641/13 of the Complainant as per direction of O.P.No.3. It was neither intentional nor willful act of O.P.No.1. As such, we do not find any deficiency of service on the part of O.P.No.1 for such lapses. So the prayer that subsists is, release of rest Block Grant amount, regularization of Service Book etc.. Complainant has not been able to convince us as to how he became consumer under the O.P.No.1 within the meaning of Sec.2(1)(d) of the C.P.Act. Non-release of Block Grant, regularization of Service Book etc. by the O.P.No.1 can by no stretch of imagination be said consumer dispute and it is purely service matters for which remedy is available elsewhere. Accordingly, it is ordered:
O R D E R
In the result, the complainant is allowed in part against the O.P.No.1 and dismissed against O.Ps 2 & 3 with direction to Complainant to furnish the Claim in F.No.19 & 10 -“D” to O.P.No.3 duly forwarded through his employer for early settlement of Provident Fund as well as Pension entitlement. Parties to bear their own costs.
