ORDERS ON MEMO OF CALCULATION

BY SRI. KUMARA .N - MEMBER

            On perusal of the memo of calculations filed by the JDR and the DHR, there was no dispute with respect to the Date of birth, Date of Exit, Date of joining to EPS 1995, actual service, pension as per formula and but there was a dispute on, Date of joining to FPF 1971, past service, past service benefits, and total pension of the DHR.

2.         According the DHR date of joined EPF 1971 was 21-10-1964, whereas according to the JDR it was 02-05-1971, which is accepted, since the JDR produced pensioner details to prove this. The DHR calculated past service benefits by quoting, as  per para 12(4) minimum of Rs 600.00, and arrived to past service benefits (A) as Rs 600.00, where as the JDR calculated past service benefits as, 170X1.858= Rs.315.86 rounded to Rs.316-00 by taking  table B factor GSR 134 dated: 28, February 1996, since the DHR date of exit from the service was 31-05-2002.

3.         There is no dispute on pension as per formula (B), the DHR and JDR calculated as 6500X9/70=Rs 836.00. Which is accepted since it’s as per EPS 1995.

4.         As per 12(4) of EPS 1995, which is as follows; (4) In the case of an existing member and in respect of whom the date of commencement of pension is between the 16th November, 2000 and the 16th November, 2005, -

 (ii) The aggregate of (a) and (b) calculated as above shall be subject to a minimum of Rs. 600/- per month, provided the eligible service is 24 years. Provided further, if it is less than 24 years, the pension shall be proportionately less subject to the minimum of Rs. 325/- per month.

In the above i.e. 12(4) of EPS 1995, (ii), the aggregate of (a) & ((b) is Past service benefits (A) & pension as per formula (B), is Rs.316.00 + Rs 836.00=Rs.1,152.00, which is more than Rs 600.00, hence, as the DHR calculated the past service benefits by taking subject to minimum of Rs 600.00, cannot be accepted, the JDR calculation on past service benefits i.e.  170X1.858= Rs.316.00. Which is accepted since, it’s as per EPS 1995.

5.         As per the order dated: 20-02-2013 passed by this Commission in CC No 150/2012, the OP has to recalculate & re fix pension as per 12(4) R/W 10(2) of EPS 1995  by giving 2 years weightage, & with 9 % interest on arrears and to pay cost of Rs 2000.00 to the complainant. Against the said order, the OP preferred an appeal in appeal No.432/2010, before the Honourable State Consumer Commission Bangalore and the said appeal came to be disposed on 30-08-2013, by dismiss the appeal.

 6.        It’s clear that the JDR, re fixed the DHR pension on 28-01-2014, by giving two years weightage, accordingly the total pension of the DHR (A+B) is Rs.316.00 + Rs 836.00=Rs 1152.00, by deducting ROC (Rs.115.00) JDR ia paying Rs 1037.00 to the DHR & earlier the JDR fixed the pension of the DHR without giving two years weightage, accordingly the total pension of the DHR (A+B) was Rs.316.00+ Rs 650=Rs.966.00, by deducting ROC (Rs.97.00), the JDR paid Rs 869.00 to the DHR up to 28-01-2014 (168X143.19 months). Difference pension amount of Rs 168.00.00 per month, the JDR on 28-02-2014 transferred Rs. 24,057.00 to the DHR account, towards two years weightage arrears from 31-05-2002. On 03-09-2023 the JDR paid Rs.25,135.00 & Rs 1000.00 to the DHR, towards 9% pa (259 months), interest on arrears of Rs.168.00. per month as per CC order from the date of retirement to 03-09-2023 & balance cost. Honourable State Consumer Commission Bangalore transferred amount of Rs 1000.00, to this forum, same amount on 02-03-2017, this commission paid to the DHR through cheque No 237352 and by considering the above discussions, we are of the opinion of the JDR complied the order of this forum / commission, hence this Execution application filed by the DHR is liable to be closed as fully satisfied.

:ORDER:

The Execution application filed by the DHR is closed as fully satisfied.

Furnish copy of this order to both parties are free of cost.