:ORDERS ON MEMO OF CALCULATION:

BY SMT.NIVEDITA RAVISH – LADY MEMBER

We have heard the arguments on memo of calculation filed by the DHR dated:12.10.2023 and memo of compliance with calculation of JDR dated:27.07.2017.  We have also gone through the order passed in C.C.No.40/2013 dated:03.09.2013 by this Commission, order passed by the Hon’ble State Consumer Commission, Bangalore in Appeal No.1537/2013 [Common order in appeal No.1536 to 1540/2013] and appeal No.1564/2017 dated:26.12.2022 and peruse the available documents in this execution application.

2.       There is no dispute regarding 1)Date of birth of DHR 2)Pensionable salary of DHR, between DHR and JDR.  But DHR and JDR have calculated differently regarding 1) PPO number of DHR, 2)Date of joining of DHR 3)Date of exit, 4)Period of Past Service of DHR, 5) Period of Present service of DHR 6)Benefit of past service of DHR, 7)Benefit of Present service of DHR and 8)Calculation of aggregate monthly pension of DHR.

3.       The DHR has mentioned the PPO number of DHR as PY/PNY/0020538 and JDR has mentioned as PPO No.20531. Copy of part-I of Pension payment order produced by the DHR is reflecting the PPO number as PY/ANY/0020531.  Hence, we have considered the PPO number as mentioned by the JDR. 

4.       The date of birth of DHR is 05.07.1952and the DHR has attained the age of 58 years on 04.07.2010.  Hence, we considered the date of exit of DHR is 04.07.2010 as mentioned by JDR.

5.       The DHR has calculated the period of past service of DHR as 14 years 3 months 14 days and subtracted 917 Non contributory period in the above days and reached as 11 years 6 months 2 days.  The JDR has calculated the period of past service of DHR as 13 years ‘0’ month 20 days.  As per Para 2(1)(X) of Employees Pension Scheme 1995 “Non-Contributory Service” is the period of “actual service” rendered by a member for which no contribution to the “Employees Pension Fund” has been received or are receivable.   Hence, the DHR should subtract the Non contributory period in the actual service (present service) of the DHR, not in the period of past service of the DHR.  Period of past service is calculated from the date of joining of DHR to Employees Family Pension Scheme 1971 to 15.11.1995.  The DHR has joined Family Pension Scheme on 29.05.1982 and from 29.05.1982 to 15.11.1995 is calculated as 13 years 5 months 17 days. 

6.       The DHR has calculated the present service of the DHR as 14 yars 8 months 16 days by not subtracting the 917 Non contributory period.  The JDR has calculated the period of present service of DHR as 12 years 01 month 13 days by subtracting 917 non contributory days from 16.11.1995 to 04.07.2010 [date of retirement of DHR].  Hence, we have considered the period of present service of DHR as calculated by the JDR.

7.       When we considered the period of present service of the DHR as calculated by the JDR, then we have accepted the benefit of present service of DHR is

A = 6495 X 12.12 + 2 = 1,310-00 as calculated by JDR.

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8.       Further, the DHR has calculated the benefit of past service of DHR by taking Table ‘B” factor of EPS 1995 as 3.983 less than 15 years, which is the factor before amendment of EPS 1995 in 2007.  The DHR has retired or exit from the membership of Employee’s Pension Scheme 1995 on 04.07.2010 which was after amendment of EPS 1995 in 2007.  Hence, Table ‘B’ factor of EPS 1995 after amendment of EPS 1995 in 2007, which is for less than 15 years as 3.052 is acceptable as mentioned by the JDR.  Hence, we have accepted the benefit of past service of the DHR is B = 105 X 3.052 = 320.  Hence, we considered that the aggregate monthly pension of DHR is A + B = Rs.1,310-00 + Rs.320-00 = Rs.1,630-00 as calculated and revised by the JDR.

9.       Further, the DHR has admitted that the JDR has revised and re-fixed the monthly pension of DHR as Rs.1,630-00 per month from January-2017.  Further, the DHR has admitted that the JDR has paid Rs.14,220-00 on 02.01.2017, Rs.194-00 on 06.09.2017, Rs.4,138-00 on 02.08.2023 and order sheet of this execution petition/application reveals that, the DHR has received Rs.12,991-00 on 23.06.2015, Rs.2,000-00 on 23.06.2015 and Rs.1,000-00 also received in the office of this Commission, which was the deposited amount before the Hon’ble State Commission, Bangalore by the JDR while preferring appeal before the Hon’ble State Commission, Bangalore.  Hence, the JDR has paid totally Rs.34,543-00 with arrears, interest and cost of Rs.2,000-00.  Hence, as per our calculation the JDR has paid arrears from 04.07.2010 to December 2016 and also paid interest @ 9% PA on the arrears.  Further, the JDR also paid Rs.2,000-00 towards cost which was imposed in order passed in C.C.No.40/2013 dated:03.09.2013.  Further, the JDR also refixed/revised the monthly pension of the DHR as per para 12(4) R/w 10(2) of EPS 1995 as directed by this Commission in the order passed in C.C.No.40/2013 dated:03.09.2013.  Hence, the execution petition/application is liable to be dismissed as fully complied.  Accordingly we proceed to pass the following:-           

:ORDER:

The Exestuation Application filed by the DHR is dismissed as fully complied.

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