BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. R. SATHI : MEMBER

SMT. LIJU B. NAIR : MEMBER

C.C. No. 82/2013 Filed on 25.02.2013

Dated : 31.08.2013

Complainant :

Siva Prakash. K, K.S. Vilasam, Kannamba, Varkala P.O, Thiruvananthapuram-695 141.

(Party in person)

Opposite parties :

1. The Secretary, Government Agricultural Department, Thiruvananthapuram.

Addl. Opposite party:

2. The Agricultural Officer, Krishi Bhavan, Varkala P.O, Thiruvananthapuram.

This C.C having been heard on 21.08.2013, the Forum on 31.08.2013 delivered the following:

ORDER

SRI. G. SIVAPRASAD : PRESIDENT

The facts leading to filing of the complaint are that complainant is a member of the Special Employment Generation programme for one lakh youth declared by the Government of Kerala, vide G.O.(MS) No. 406/94/AD dated 18.11.1994, that complainant had joined the said scheme on 17.03.1995 vide membership No. 6961, that while continuing as a member of the aforesaid scheme in the year 2009 complainant suffered sudden illness which resulted in amputation of his left leg, thereupon complainant became physically disabled, that under the aforesaid scheme, there is provision for disability pension, that complainant had applied for the same in 2009 itself, but opposite parties never redressed his grievance so far. Hence this complaint.

The 1^st opposite party is the Secretary to Government, Agricultural Department, Trivandrum and the 2^nd opposite party is the Agricultural Officer, Krishi Bhavan, Varkala. The opposite parties, on being served, entered appearance and filed their version contending interalia that complainant had joined the said scheme on 17.03.1995 and had applied for disability pension on 17.06.2009 due to amputation of left leg for which district level committee has recommended Rs. 400/- per month as per provision, that Government has not taken a final decision on it.

The points that arise for consideration are:-

1. Whether the complainant is entitled to disability pension?

2. Whether there is deficiency in service on the part of the opposite parties?

3. Whether the complainant is entitled to compensation and costs?

In support of the complaint, complainant has filed proof affidavit in lieu of chief examination and has marked Exts. P1 to P4. In rebuttal, opposite party has filed proof affidavit and has marked Exts. D1 to D7.

Points (i) to (iii):- There is no point in dispute that complainant is a member of the scheme called the Special Employment Generation Programme for one lakh youth launched by the government vide Ext. D3 G.O.(MS) No. 406/94 dated 18.11.1994. Admittedly, complainant's membership No. is 6961. There is no point in dispute that complainant had joined the said scheme on 17.03.1995. Admittedly, complainant had applied for disability pension on 17.06.2009 due to amputation of left leg. Complainant has led evidence by way of proof affidavit and Exts. P1 to P4. On perusal of Ext. D3 G.O.(MS) No. 406/94 dated 18.11.1994, it is seen that a beneficiary under the said scheme needs to pay Rs. 100/- as registration fee and Rs. 1,000/- as contribution to the scheme. Complainant herein had remitted the said amount to opposite parties and had availed the service of the opposite parties. Undisputedly, complainant is a consumer of the opposite parties. While continuing as a member of the said scheme in 2009 complainant suffered sudden illness which resulted in amputation of his left leg, which adversely affected his physical and mental capacity to work in the agricultural field. Ext. P3 is the copy of 'Standing Disability Assessment Board Certificate' dated 17.06.2009 issued by Superintendent, Taluk Head Quarters, Chirayinkeezh. Undisputedly, amputation of left leg would amount to permanent disability which would never capacitate him to continue the work in the agricultural field and earn livelihood. Admittedly, there is provision for disability pension. Ext. D7 is the copy of the G.O No. 1436/95/Agriculture dated 13.10.1995. On perusal of the said G.O, it is seen that disability pension rates are specified in the G.O. As per the said G.O, a member of the scheme having 10 years membership, if physically disabled, is eligible to get pension at the rate of Rs. 200/-, and a member having membership upto 20 years is eligible to get pension @ Rs. 400/-. Admittedly, the complainant herein had completed 14 years membership, thereby he is entitled to get Rs. 400/- per month. According to opposite parties, the District level committee has recommended Rs. 400/- per month as per scheme provision, but no final decision taken by the 1^st opposite party till date. At this juncture, it is pertinent to point out that as per the said G.Os, a physically disabled member is eligible to get disability pension, complainant applied for the same in the year 2009. No positive action taken by opposite parties till date. The GOs dated 18.11.1994 and 13.10.1995 have not been complied with. Complainant applied for disability pension on 17.06.2009 due to amputation of left leg. Now almost 3 years have elapsed. Complainant paid registration fee and contribution to the scheme in 1995 in the fact of getting the benefits stated in the said G.Os. It is settled that the attainment of justice is the highest human endeavour. Justice delayed is not only justice denied, it is also justice circumvented, justice mocked and the system of justice undermined. The action of the opposite parties in not sanctioning the disability pension amounts to deficiency in service for which complainant is entitled to compensation which we fix at Rs. 5,000/-.

In the result, complaint is allowed. 1^st opposite party is directed to pay Rs. 400/- per month as disability pension to the complainant from 17.06.2009 along with Rs. 5,000/- as compensation and Rs. 1,000/- as costs within two months from the date of receipt of this order failing which for the arrears, complainant will be entitled for interest @ 8%.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of August 2013.

Sd/-

G. SIVAPRASAD : PRESIDENT

Sd/-

R. SATHI : MEMBER

Sd/-

LIJU B. NAIR : MEMBER

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C.C. No. 82/2013

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of letter dated 17.10.2011 issued to the complainant by

the Joint Secretary, Chief Minister's Public Grievance Cell.

P2 - Copy of letter dated 23.09.2011 issued by Principal

Agricultural Officer to Under Secretary, Sutharya Keralam.

P3 - Copy of standing disability assessment board certificate dated

17.06.2009.

P4 - Copy of identification card dated 16.02.1996 issued by

Agricultural Officer, Varkala.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

D1 - Letter dated 02.05.2013 issued by Agricultural Director to the Government Secretary, Department of Agriculture.

D2 - Copy of Government Order dated 30.03.1994.

D3 - Copy of Government Order dated 18.11.1994

D4 - Copy of Government letter dated 16.08.2007.

D5 - Copy of Government letter dated 16.03.2010.

D6 - Copy of letter dated 19.03.2011 issued by Government Secretary to the Director, Agricultural Department.

D6(a) - Copy of the decision of the District Level Committee and list of beneficiaries.

D7 - Copy of G.O. No. 1436/95/Agriculture dated 13.10.1995

Sd/-

PRESIDENT

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