DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No. 209 of 2015
Date of filing: 06.10.2015 Date of disposal: 12.5.2016
Complainant: Sushil Kumar Srivastava, S/o. Late Shri S.S.L. Srivastava, residing at B-4/1602, L&T South City, Arekere Mico Layout, Bannerghatta Road, Banglore, PIN – 560 076.
-V E R S U S-
Opposite Party: 1. Secretary, Ministry of Coal, Govt. of India cum Ex-Officio Chairman of Board of Trustees, Coal Mines Provident Fund, Shastri Bhavan, New Delhi, PIN – 110 001.
2. Commissioner, Coal Mines Provident Fund, Office of Coal Mines P.F. Commissioner, Police Line, Hirapur, PS. & District: Dhanbad, Jharkhand, PIN – 826 001.
3. Regional Commissioner, Coal Mines Provident Fund, Region-III, B.B. College Road, Ushagram, Asansol, PS: Asansol (South), District: Burdwan, West Bengal, PIN – 713 303.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Subrata Ghosh & Debdas Rudra.
Appeared for the Opposite Party No. 1&2: None.
Appeared for the Opposite Party No. 3: Ld. Advocate, Pijush Kanti Das.
J U D G E M E N T
This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice against the Ops praying for an award for fixing his pensionable amount at Rs. 32,940=00 per month, Rs. 1,16,427=00 as difference amount towards monthly pension and Rs. 4,50,000=00 as compensation and Rs. 40,000=00 as litigation cost.
The complainant is a retired employee of Eastern Coalfields Limited (ECL), a subsidiary of Coal India Limited. The complainant on or about 25th May 1977 joined in a UP Government undertaking and since then up to 9th August 1990 the complainant continued in the service of the UP Government undertaking for 13 years. Thereafter he joined in the Northern Coalfields Limited (NCL), a subsidiary of Coal India Limited on 10th August 1990. Consequent upon joining to NCL the complainant became a member of Coal Mines provident Fund (CMPF) with CMPF account No. SING/6/681 and accordingly the entire provident fund accumulation of complainant’s previous service was transferred to CMPF. In course of service in NCL it came to the knowledge of the complainant that an administrative order was issued by the CMP Commissioner, Dhanbad vide letter No. CPF/111 (26)/Impl./Vol XII/450, dated 28.8.2001 wherein the Central Government after due consideration and in consultation with Ministry of Law, Justice and Company Affairs in the matter of Shri D.K. Verma, Ex Director (Finance) Western Coalfields Limited decided and settled the question of counting past service for pensionable service under Coal Mines Pension Scheme (CMPS), 1998. Accordingly after retirement from CIL pension of Shri Verma was fixed by CMPF as taking into account his entire service period including his past service as pensionable service under CMPS, 1998 and pension, as calculated, was paid to Shri Verma. It is further stated that aforesaid decision to count past service i.e. service prior to joining the Coal Industry in pensionable service under CMPS, 1998 on payment of past contribution for those employees who joined CMPS from other establishments was a policy decision applicable in all such cases. It was with this intent and to avoid any doubt and leaving no scope of ambiguity in future similar cases, CMPF Commissioner/Assistant Commissioner in charge of regional offices of CMPF issued for information and necessary action on similar pension cases. Accordingly the complainant requested the Assistant Commissioner, CMPF, Singrauli to count his past service for pensionable service on payment of arrears with interest vide letter No. NCL/Board/4(SKS)/704, dated 24/27 September, 2004 with a copy to CMPF Commissioner, Dhanbad. In reply the concerned authority intimated the complainant vide letter No. CPF/SING/MISC/06/1895, dated 12.01.2006 that his past service can be counted for pensionable purpose only after depositing the pension contribution and Government contribution along with interest from the date of joining in the erstwhile PF establishment. Accordingly the complainant after accepting the terms and conditions as contained in the above letter and as per his direction deposited the amount of Rs. 71,893=00 on 07.3.2006 as specified in the letter of Assistant Commissioner, CMPFO, Singrauli. Thus the membership of complainant pertaining to CMPS, 1998 deemed to have commenced from the date of his joining in erstwhile PF establishment i.e. on and from 25.5.1977. As such the question of counting past service of the complainant for the purpose of pensionable service under CMPS, 1998 concluded and attained finality in March, 2006. Thereafter, on being posted as Director (Personal) at ECL, another subsidiary of CIL, the complainant joined at ECL on 1st February, 2008 and subsequently his CMPF account got transferred under the jurisdiction of Regional Commissioner (RC), CMPF, Region – III, Asansol (WB). On attaining the age of superannuation the complainant retired from the post of Director, ECL on 31.10.2013. After retirement from the post of Director, ECL on 31.10.2013, the concerned Regional Commissioner, CMPF, Region – III, Asansol forwarded a letter No. CPF/III/BKR-32/R-III/ASN/3980, dated 05.02.2014 to the Commissioner, CMPF with a copy endorsed to complainant thereby intimating that the pensionary claim of the complainant has been settled considering the pensionable service of only 23 years from the date of joining in CIL up to superannuation only on the analogy that the provision for counting of past service does not exist in CMPS-98. Accordingly, the Regional Commissioner, CMPF, R-III, Asansol issued Pension Payment Order i.e. PPO vide No. CMPF/BKR/PEN/13-14/1071, dated 29.01.2014 thereby fixing pension of Rs. 25,260=00 per month to the complainant violating the policy circulated by the OP-2. In reply to the aforesaid letters, several correspondences have been made with the Regional Commissioner, CMPF, Region – III, Asansol vide letter No. CPF/111/BKR-32/R-III/ASN/288, dated 02.6.2014 forwarded a letter No. CPF/CP/111 (26)/ Pen/Asn-IV/Vol. III/111/566, dated 19.5.2014 of Regional Commissioner, CMPF headquarters conveyed that matter for counting of past service for pensionable service under CMPS-1998 on payment of past contributions for those employees who joined CMPF from other establishment was placed at 159th meeting of Board of Trustee (BOT), CMPFO held on 7th October, 2013 when the Chairman, BOT observed that such cases cannot be viewed in isolation, especially if it is to increase the outflow. The above communication neither dealt with specific case of the complainant nor the addressed facts raised in his representations. In reference to above letter of OP-3, complainant sent a letter dated 12.7.2014 to Commissioner, CMPF again explaining the factual position that issue of counting of his past service for pension purpose was already settled in March, 2006, perfectly in pursuance to the decision of Central Government as issued by CMPF Commissioner vide letter dated 28.8.2001, long before the observation made by Chairman, BOT at its meeting held on 07.10.2013 and requested the OP-3 to release balance pension without further delay. Thus the OP-3 cannot and does not reject the prayer of the complainant for fixation of the pension of the complainant thereby taking into account his past service also as pensionable service on the plea of the observation made by Chairman of BOT, CMPF in the year 2013 because such decision does not attract the facts and circumstances of complainant. Having failed to get justice from Regional Commissioner, CMPF, R-III/Asansol/Commissioner, CMPF, the complainant approached the Secretary, Ministry of Coal, who is Ex-officio Chairman of BOT, CMPF also, by making an appeal vide letter dated 03.9.2014, explaining the factual position of the case with prayer to Commissioner, CMPF to make payment of the due amount of pension taking into account his past service also, in the pensionable service under CMPS-98. Consultant, Ministry of Coal vide letter no. 20/400/29/2014-PRIW-III, dated 24.9.2014 forwarded the said appeal of the complainant to Commissioner, CMPF to deal as per Ministry of Personnel, Public Grievance & Pension, Department of Administrative Reforms & Public Grievance OM No. K-11028/1/2012-PG, dated 18.02.2013. Having received no compliance report, Under Secretary, Ministry of Coal vide letter of even number dated 14.11.2014 again advised the Commissioner, CMPF to examine the request and to sort out the grievance of complainant immediately without any further delay and action taken in the mater be sent to Ministry by 20.11.2014. But no compliance is received from the OP-3. Thus after denial by the Ops against several requests and representations of the complainant, the latter has been compelled to file his case before this Forum supported by affidavit and adducing evidences. Hence the case arose.
Notices were served upon the OP-1, 2&3. The OP-1&2 did not appear to contest the case and heard ex parte. OP-3 contested the case by filing written version.
In the written version the OP-3 held firstly non-coal services, i.e. past service of the complainant before joining the NCL & ECL could not be considered under CMPS, 1998 which was introduced vide GSR No. 123(E), dated 05.3.1998 and made effective to the employees of Coal Industries only. Secondly, the contention of the OP-3 is that the financial health of CMPS, 1998 fund had deteriorated adversely and there is probably danger in future, the fund may not be able to sustain to pay pension even to the existing/original pensioners/members if the pension of the complainant and like others of alike nature taking into consideration of the past services. Thirdly, the relevant case disposal of D.K. Verma, is an individual one and may not be considered for others, like the complainant.
And lastly, the matter for counting of past services in non-coal sector is already under consideration of Board of Trustees, CMPF, which is the supreme authority to take such decisions and as such, the complainant’s petition has not been out rejected and can be considered accordingly as the matter decided by BOT, CMPF in future.
Decision with reasons:-
It is a fact that the complainant was an employee of non-coal sector in his early life of service for 13 years from 1977 to 1990. The complainant becomes a member of CMPF as and when he joins the NCL, a subsidiary of Coal India Ltd. i.e. on 1990 and accordingly the entire PF accumulation of the complainant’s previous service were transferred to CMPF.
Incidentally there is an administrative order (already mentioned) passed by the CMPF Commissioner, Dhanbad on August, 2001, wherein the Central Government in consultation with Ministry of Law, Justice and Company Affairs in the matter of D.K. Verma of Western Coalfields, another subsidiary of CIL decided and settled the matter of counting past services of a person, who was in a non-coal sector in the year 2001. Eventually it is a policy decision and applicable to all employees of the erstwhile non-coal sector. Thus the contention or the plea taken by the OP-3 cannot be entertained.
Secondly, the complainant has requested his employer to take into account his past services of 13 years, while he was in non-coal sector in U.P. citing the reference of D.K. Verma. The complainant’s request is duly accepted and he is directed to maintain the formalities in this respect and to deposit Rs. 71,893=00 as per calculation of his past contributions of the CMPF authority. That it is evident from the factual position of the complainant’s case the complainant has not deposited the said sum of Rs. 71,893=00 at his own will, but by following the formalities directed by his employer. Thus the denial of counting past services by the OP-3 cannot be sustained at all.
Thirdly, and most surprisingly, the OP-3 has not out and out rejected the complaint which is evident from their written version and has also stated that they are unable to dispose of the matter of the complainant due to their deteriorating financial position. Thus the OP-3 is not at all denying the claim of the complainant.
Lastly and finally, the OP-3 has shown the ground of not fulfilling the claim of the complainant by referring to the 159th meeting of Board of Trustees (BOT) held on 07.10.2013 and subsequently replies vide CPF-111/BKR-32/R-III/ASN/288 dated 02.6.2014 & CPF/CF/111 (26)/PEN/ASN-IV/III/3/566, dated 19.5.2014 but the complainant defends that by replying to their letters by stating that counting of past services for pension purpose has been settled on March, 2006, i.e. long before the observation made by Chairman, BOT at its meeting held on 07.10.2013. Even after lapsing of 2 ½ years till the date of filing the case BOT has not yet taken any steps to settle the matter. Thus the plea of the OP of sending the matter to BOT for settlement of claim of the complainant is not at all tenable. Thus the complainant wins the case.
Therefore, the complainant is entitled to get the full pension taking into consideration of his past service of 13 years while acting in non-coal sector. The complainant has submitted a calculation sheet containing the last pay certificate, pay and allowances of last ten months and calculation of the amount Rs. 32,947=00 for full pension i.e. of 30 years of service in terms of CMPS, 1998 and also calculation of Rs. 25,260=00 for 23 years of service. After careful perusal the Forum concludes that the complainant is entitled to get Rs. 32,947=00 per month i.e. full pension prayed for by the complainant.
The complainant is entitled to get difference of amount towards monthly pension for the period from November, 2013 to the date of realization taking into consideration of pensionable amount of Rs. 32,947=00 per month instead of Rs. 25,260=00 per month.
Next, the complainant is entitled to get compensation for mental agony and harassment as he has suffered a lot for long 2 ½ years by getting less amount of pension than he is actually entitled to get.
Lastly, as the complainant has been compelled to come before this Forum to settle the dispute, the complainant is entitled to get litigation cost.
Fees paid is correct.
In view of the above-mentioned discussion hence, it is
O r d e r e d
that the complaint is dismissed ex parte against the OP-1&2 and allowed on contest with cost against the OP-3.The complainant does get an award directing the OP-3 to fix the complainant’s pensionable amount as Rs. 32,947=00 per month from the date of the complainant’s superannuation i.e. 31st October, 2013 and the difference of amount along with interest @8% towards monthly pension for the period from November, 2013 till the date of realization considering the pensionable amount of Rs. 32,947=00 per month instead of Rs. 25,260=00 per month and litigation cost of Rs. 10,000=00 and Rs. 50,000=00 for mental harassment and agony within 45 days of passing of this order, in default, to comply with this order, the OP-3 is liable to pay penal interest @10% for the default period on the aforementioned difference of amount towards monthly pension. The complainant is at liberty to execute the order as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
