BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BAGALKOT

                                Date of Admission: 02-03-2015

                                Date of Admission: 01-10-2014

                                Date of Order:  22-10-2016

PRESENT

Smt K.Sharada  B.A.L.L.B (Spl)                             : Hon’ble President

Smt Sumangala. Hadli   B.A.Music                        : Lady Member

Shri Shravanakumar. D. Kadi M.Com L.L.B. (Spl)   : Member

COMMON ORDERS IN C.C.No 14/2015

C.C.No: 16,17,18,19,20,21,22,23,32,33,34,35,

43 of 2015 and C.C.No 143,144,145,146,147,148,149,170 of 2014

Consumer Complaint No: 14/2015

COMPLAINANT

1) Shri Bhimappa S/o Basappa Melligeri

    Age; 61 years Occ: Retired KSRTC Employee,

    R/o Laxanatti Tq : Mudhol,

    Dist Bagalkot.

Consumer Complaint No: 16/2015

COMPLAINANT

1)  Shri Sangappa S/o Basappa Nari

     Age : 61 Years, Occ: Rtd KSRTC Employee

     R/o Ganiger Oni, Badami,

     Tq : Badami Dist : Bagalkot.

Consumer Complaint No:  17 /2015

COMPLAINANT

1) Shri Hanamanth S/o Shrinivas Kulkarni

    Age: 64 Years Occ : Rtd KSRTC Employee

    R/o Plot No 33 Kathi Layout Near Shivasangam Hotel,

    APMC Cross, Navanagar-Bagalkot.

Consumer Complaint No: 18/2015

COMPLAINANT

1) Shri Chandalingappa S/o Chandappa Ambiger

    Age: 71 Years Occ : Rtd KSRTC Employee

    R/o Kutakanakeri Tq : Badami

    Dist : Bagalkot

Consumer Complaint No: 19/2015

COMPLAINANT

1) Shri Balappa S/o Rangappa Myageri

    Age: 61 Years Occ : Rtd KSRTC Employee

    R/o Sainagar, Pujari Oni, Badami

    Tq : Badami Dist : Bagalkot

Consumer Complaint No: 20/2015

COMPLAINANT

1) Shri Hanmesh S/o Anantachar Panchamukhi

    Age: 59 Years Occ : Rtd Employee of Ghatage Patil

    Transportation Co

    R/o Vidyagiri,Bagalkot

Consumer Complaint No: 21/2015

COMPLAINANT

1) Shri Allabaxa S/o Abdulrahimsab Baliganur

    Since deceased Rept by his wife

    Smt Chandabi W/o Allabaxa Baliganur

    Age: 60 Years Occ : House hold work

    R/o Mahalingapur Tq : Mudhol

     Dist: Bagalkot

Consumer Complaint No: 22/2015

COMPLAINANT

     Shri Ramappa S/o Rayappa Elager

     Age: 70 Years Occ : Rtd KSRTC Employee

     R/o Ramadurga Road, Housing Colony

     Badami. Tq: Badami Dist : Bagalkot

Consumer Complaint No: 23/2015

COMPLAINANT

1) Shri Husensab S/o Yasinasab Bhavikatti

    Age: 74 Years, Occ : Retired KSRTC Employee,

    R/o 4^th Cross,Laxmi Nagar,Badami

    Tq : Badami Dist: Bagalkot

Consumer Complaint No: 32/2015

COMPLAINANT

1) Shri Ashok S/o Parasappa Kabbinad

    Age: 63 Years Occ: Retd KSRTC Employee,

    R/o near Honnyar Desai House

    Gangavati Chawl Killa,Bagalkot

    Tq & Dist: Bagalkot.                                                                                     

Consumer Complaint No: 33/2015

COMPLAINANT

1) Shri Martimmappa S/o Kalabasappa Gangal

    Age: 65 Years Occ: Retd Employee of Bagalkot

    Cement Industries Ltd, Bagalkot

    R/o Jayanagar Badawane, Near Kalkatti Bangale

    Kaladagi Road, Bagalkot

    Tq  & Dist: Bagalkot.  

           Consumer Complaint No: 34/2015

COMPLAINANT

1) Shri Mahadev S/o Channappa Mannur

   Age: 62 Years Occ: Retd Employee of

   Basaveshwarar Co-Op Bank Navanagar,

   Bagalkot.

Consumer Complaint No: 35/2015

COMPLAINANT

1) Shri Mukund S/o Balavant Joshi

    Age: 64 Years Occ: Retd KSRTC Employee,

    R/o C/o Nagesh Bangalore House,

    Behind, Shri Raghavendreswami Math

    Killa,  Bagalkot.

Consumer Complaint No: 43/2015

COMPLAINANT

1) Shri Subash S/o Gurappa Hosur

   Age: 64 Years Occ: Retd KSRTCEmployee,

   R/o Ward No 2 Ilakal

   Dist: Bagalkot.

Consumer Complaint No: 143/2014

COMPLAINANT

1) Shri Iranna S/o Mallikarjunappa Dodamani

   Age: 70 Years Occ: Retd  Employee of Godavari Sugar’s Ltd

   R/o Near Old Dr Soraganvi Hospital,

   Near Hunagund Flour Mill, Ext Area

   Tq & Dist: Bagalkot.

Consumer Complaint No: 144/2014

COMPLAINANT

1) Shri Anil S/o Narayanaachayar Burli

   Age: 69 Years Occ: Retd Employee of Vasavi Theater,

   R/o Tankasaligalli, Near Swami Kirani Store,

   Killa Bagalkot

   Tq & Dist: Bagalkot.

Consumer Complaint No: 145/2014

COMPLAINANT

1) Shri Basanagouda S/o Karigouda Biradar

    Age: 69 Years Occ: Retd KSRTC Employee,

    R/o Domanal A/p Sutagundar

    Tq & Dist: Bagalkot.

Consumer Complaint No: 146/2014

COMPLAINANT

1) Bishtappa S/o Maliyappa Gaddinakeri

    Since deceased by his LRS,

    Shri Neelamma @ Tippawwa W/o Bishtappa Gaddinakeri

    Age: 51 Years Occ: Household work

    R/o Sector No 56 Plot No 45,

    Near H.P.Petrol Pump, Navanagar, Tq & Dist: Bagalkot.

Consumer Complaint No: 147/2014

COMPLAINANT

1) Shri Tukaram S/o Kamageerappa Dasar

   Age: 69 Years Occ: Retd KSRTCEmployee,

   R/o Chalukya Nagar,2^nd Cross, Badami

   Tq: Badami Dist: Bagalkot.                  

Consumer Complaint No: 148/2014

COMPLAINANT

1) Shri Tikappa S/o Laxmappa Ambiger

    Age: 69 Years Occ: Retd KSRTC Employee,

    R/o High School Road, Near Bus stop,

    Katageri Tq : Badami

    Dist: Bagalkot.

Consumer Complaint No: 149/2014

COMPLAINANT

1) Shri Mrutunjaya S/o Malakayya Tegginamath,

    Age: 62 Years Occ: Retd KSRTC Employee,

    R/o 13^th Cross, Kalikadevi Road,Vidyagiri,  

    Bagalkot Dist: Bagalkot.

Consumer Complaint No: 170/2014

COMPLAINANT

1) Shri Rajesab S/o Babusab Kalasi

    Age: 64 Years Occ: Retd KSRTC Employee,

    R/o Chalukya Nagar, 5th Cross, Badami  

    Tq : Badami. Dist: Bagalkot.         

 (C.C.No 14/2015 to 23/2015 and C.C.No 32 to 35 of 2015  and C.C.No 143,to 149 of 2014  By Shri B.K.Patil Advocate)

(C.C. No 43/2015 and C.C.No 170/2014 By C.B.Sobarad Advocate)

                                                 V/s

OPPOSITE PARTIES

1) The Assistant Provident Fund

    Commissioner, Sub Regional Office,

    Sath Kacheri Road,Garaladinni Complex,

    2^nd Floor, Raichur-584102. 

(C.C.No 14/2015, C.C 16 to 23/2015 and C.C.No 32 to 35 and 43 of 2015 and 143 to 149 and 170 of 2014 By Smt J.V.Badami Advocate)

2) The Divisional Controller,

N.W.K.R.T.C.Bagalkot Division,

Divisional Office Navanagar

Bagalkot.    

(Op No 2 in C.C.No 14/2015 to 23/2015, C.C.No 35/2015,C.C.No 43/2015, C.C.No 145/2014, and C.C.No 170/2014
By Shri. K.V.Kerur Advocate)

 (Op No 2 in C.C.No 148/2014 and C.C.No 32/2015 By D.V.Nagaral Advocate)

 (Op No 2 in C.C.No 146,147, and 149/2014 By Smt S.A.Kori Advocate)

3) The Manager Personnel,

    Ghatage Patil Transportation Co. Ltd.,

    Pune-Bangalore Road, Kolhapur.

                               (Op No 2 in C.C.No 20/2015 Exparte)

 4) The General Manager,

     Bagalkot Cement Industries Ltd, Bagalkot

     Extension Area, Bagalkot.

                              (Op No 2 in C.C.No 33/2015 By In Person)

  5) The General Manager,

      Basaveshwarar Co-Op Bank Navanagar,

      Navanagar Bagalkot.

               (Op No 2 in C.C.No 34/2014 By S.K.Yadahalli Advocate)

   6) The General Manager,

       Godavari Sugar’s Ltd.,

       Sameerwadi, Mudhol Road,

       Tq; Mudhol Dist : Bagalkot.

       (Op No 2 in C.C.No 143/2014 By M.B.Tanksali Advocate)

    7) The Manager,

        Vasavi Theater, Mahaveer Road,

       Bagalkot.

                                  (Op No 2 in  C.C.No 144/2014 Exparte)

COMMON ORDER

By Sri Shravanakumar.D.Kadi Member.

1) All these cases are filed by the above complainants are filed U/Sec 12 of the Consumer Protection Act 1986 (Herein after referred to as the “Act”) against the Opposite parties(in Short the Ops) for directing the Op No 1 to revise their monthly pension by extending the minimum assured benefit both in respect of past and present service with effect from the date of the retirement and to pay the arrears with interest and also to give two years of weightage and also to give annual relief from Retirement till today and to pay the regular Monthly pension continuously etc.

2) In all these cases involved a common question of law and fact these cases are taken together for disposal by passing a common order.

3) That the Complainants’ Counsel stated in the year 2014 and 2015, it came to the knowledge of the complainant’s through one of their colleagues that there are errors in the calculation of pension fixed to them. It also came to their knowledge that pension paid to them are lesser one that the Complainants are entitled. Immediately the Complainants have given representations to the Opposite party for the revision of the monthly pension but the Opposite party failed to comply the same.

4) It is further stated that, all the Complainants were working as employee under Op No 2 from different dates and while they were in service they were the members of “The Employees of Family Pension Scheme 1971” (for short1971 Scheme)and making contribution towards the Scheme and later on “The Employees Pension Scheme 1995”(for Short”1995 Scheme”) was introduced and brought into force with effect from 16^th day November of 1995 which was compulsory one and after commencement of the said 1995 scheme all the complainants continued to be the members of the scheme by making monthly contribution and subsequently they retired from services. Op No1 which is common in all these cases is functioning under the “Employees provident Fund and Miscellaneous Act 1952 and fixed the monthly pension of all the complainants. But however now the complainants have came to know that the fixation of their pension is not in accordance with the scheme and they have not been given two years of weightage as per the 1995 scheme in spite of their repeated request and issuance of the notice and this amounts to deficiency in service and further it is also alleged that the Op No1 has not given the Annual Relief which is to be given under Paragraph 32 the 1995 scheme etc., and hence complainants have prayed for giving necessary direction to the Op No1 to pay the following reliefs:-

                a) To revise the monthly pension by extending the        minimum assured benefits both in respect of past and present service with effect from the date of the retirement of the complainants and to pay arrears with interest at the rate of 12% p.a.

                b) To revise the monthly pension by extending the weightage of two years with effect from the date of the retirement of the complainants and to pay arrears with interest at the rate of 12% p.a.

               c) To pay the arrears accumulated by the complainants till the date of filing the complaints including interest at the rate of 12%p.a.

               d) To give annual relief from 2001 to till this financial year and to pay the arrears as per the memo of calculation with interest at 12% p.a.

                e) Pass the order to continue to pay the monthly pension to the complainants as per the scheme in revised scale and also claimed such other and further reliefs.

                f) Pass the order to pay cost of Rs 10,000/- and also to award the compensation towards mental Agony.

5) For the purpose of convenience we would like to incorporate the memo of calculation supplied by the complainants which is part of the complaint under Annexure –“A” which is as under;

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-
2.  

6500/- X 16 years Present Service+2 years weightage service

                                                     70

=Rs 1671/-.

3. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 42 years.

58 years – 42 years = 16 years

Therefore factor shown in the Table B at the column “less than 16 years = 4.381 is applicable. Since the past service of complainant is 13 years, multiplier 95 is applicable.

4.381 X 95 =Rs 416.19  

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1671/- + 416.19 = 2087.19/-

Entitled amount Rs 2087.19/-

Paid amount       Rs 1586/-

Difference           Rs 501.19/-

From 18-04-2011 to 02-08-2014 = 40 months

501 X 40 =20040/-

Rs 20040/- + 12% interest p.a.i.e Rs 6638/-= 26,678/-

         Memo of Calculation in C.C.No.16/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 17 years Present Service+2 years weightage service

                                                     70

=Rs 1764/-

(But minimum assured pension on 16-11-1995 is Rs 635/-)

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 38 years.

58 years – 42 years = 16 years.

Therefore factor shown in the Table B at the column “less than 16 years =4.381 is applicable Since the past service of complainant is 16 years, multiplier 135 is applicable.

4.381 X 135=591.43/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1764/- + 591.43=2355.43/-

Entitled amount Rs 2355.43/-

Paid amount       Rs 1964/-

Difference           Rs 391.43/- p.m

From 20-12-2011 to 01-08-2014 = 32 months

391.43 X 32 Months = 12525.76

Rs 12525.76/- + 12% interest p.a.i.e Rs 3132/- = 15658/-

          Memo of Calculation in C.C.No.17/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 13 years Present Service+2 years weightage service

                                                     70

=Rs 1393/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-
3.  

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years

Therefore factor shown in the Table B at the column “less than 13 years = 3.292 is applicable. Since the past service of Complainant is 16 years, multiplier 135 is applicable.

3.292 x 135 = 444.42/-.

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1393.00/- + 444.42=1837.42/-

Entitled amount Rs 1837.42/-

Paid amount       Rs 1558/-

Difference          , Rs 279.42/-

From 01-06-2008 to 01-08-2014 = 74 months

279.42 X 74 Months   =20677/-

Rs 20677.08/-+ 12% interest p.a.i.e Rs 10,338.54/- = 31016/-

                     Memo of Calculation in C.C.No.18/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5000/- X 6 years Present Service+2 years weightage service

                                                     70

=Rs 743/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 52 years.

58 years – 52 years = 6 years

Therefore factor shown in the Table B at the column “less than 6 years = 1.689 is applicable. Since the past service of Complainant is 6 years, multiplier 170 is applicable.

1.689 x 170.000 = 287.13/-.

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 743/- + 287.13/-= 1030.13/-

Entitled amount Rs 1030.13/-

Paid amount       Rs  652/-

Difference              Rs 378/-

From 08/02/2001 to 01-11-2014 = 165 months

378 X 165 Months = 62370

Rs 62370/- + 12% interest p.a. i.e Rs 67567/- = 1,29,937/-

 Memo of Calculation in C.C.No.19/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 16 years Present Service+2 years weightage service

                                                     70

=Rs 1671/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 42 years.

58 years – 42 years = 16 years.

Therefore factor shown in the Table B at the column “less than 16 years 4.381 is applicable. Since the past service of complainant is 14 years,multiplier 95 is applicable.

4.381 x 95 = 416.19/-

As per the paragraph No12(5) r/w 10(2) of the Employees  pension scheme 1995 pension shall be aggregate of the pension for  the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1671/- + 416.19 = 2087.19/-

Entitled amount Rs   2087.19/-

Paid amount       Rs  1783/-

Difference             Rs 304.19/-

From 08/10/2011  to 01/08/2014 = 34 months

304.19 X 34 Months = 10342

Rs 10342/- + 12% interest p.a.i.e Rs 2586/- = 12928/-

Memo of Calculation in C.C.No.20/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 18 years Present Service+2 years weightage service

                                                     70

=Rs 1857/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 40 years.

58 years – 40 years = 18 years

Therefore factor shown in the Table B at the column “less than 18 years =5.301 is applicable. Since the past service of complainant is 22  years,multiplier 150 is applicable.

5.301 x 150 = 795/- .

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1857+795 =2652/-

Entitled amount Rs   2652/-

Paid amount       Rs  2188/-

Difference               Rs 464/-

From 23/03/2013 to 23/11/2014  = 20 months

464 X 20 Months =9283/-

Rs 9283/- + 12% interest p.a.i.e Rs 774/- = 10,057/-

Memo of Calculation in C.C.No.21/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

4704/- X 23 years Present Service+2 years weightage service

                                                     70

=Rs 1857/-.

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-.

Age of the complainant as on 15-11-1995 was 54 years.

58 years –54 years = 4 years.

Therefore factor shown in the Table B at the column “less than 04 years =4.396 is applicable. Since the past service of complainant is 20 years, multiplier 170.000 is applicable.

4.396 x 170.000 = 748/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1857+748 =2605

Entitled amount Rs   2605.00

Paid amount       Rs  460.00

Difference           Rs 2145.00

From 28/02/1999 to 01-11-2014 = 189 months

2145 X 189 Months =4,05,405/-

Rs 4,05,405/- + 12% interest p.a.i.e Rs.5,06,760/- = 9,37,503/-

Memo of Calculation in C.C.No.22/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 8 years Present Service+2 years weightage service

                                                     70

=Rs 929/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 50 years.

58 years – 50 years = 8 years.

Therefore factor shown in the Table B at the column “less than 8 years =2.044 is applicable. Since the past service of complainant is 21 years, multiplier 170 is applicable.

2.044 x 170 = 347.48/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 929+347.48 = 1276.48

Entitled amount Rs 1276.48

Paid amount       Rs 997

Difference           Rs 279.48

From 03/04/2003 to 15-09-2014 = 137 months

279.48 X 137 Months =38288/-

Rs 38,288/- + 12% interest p.a.i.e Rs 35,098/- = 73,386/-

Memo of Calculation in C.C.No.23/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5000/- X 3 years Present Service+2 years weightage service

                                                     70

=Rs 357/-.

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 55 years.

58 years – 55 years = 3 years.

Therefore factor shown in the Table B at the column “less than 3 years= 1.269 is applicable. Since the past service of complainant is 24 years, multiplier 170.000 is applicable.

1.269 x 170.000 =215/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 357+215= 572/-

Entitled amount Rs    572/-

Paid amount       Rs    525/-

Difference               Rs 50/-

From 01/08/1998 to 15-01-2015 = 197 months

50 X 197 Months =9850/-

Rs 9850/- + 12% interest p.a.i.e Rs 13136/- = 22,986/-

Memo of Calculation in C.C.No. 32/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 14 years Present Service+2 years weightage service

                                                     70

=Rs 1486/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 46 years.

58 years – 44 years = 14 years.

Therefore factor shown in the Table B at the column “less than 14 years = 3.621 is applicable. Since the past service of complainant is 14 years, multiplier 105 is applicable.

3.621  x 105 = 380.20/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1486+380.20 = 1866.20 /-

Entitled amount Rs   1866.20/-

Paid amount       Rs  1472/-

Difference               Rs 394.20/-

From 01-06-2009 to 01-05-2015 = 71 months

394.20 X 71 Months = 27,988/-

Rs 27,988/- + 12% interest p.a.i.e Rs 13994/- = 41982/-

Memo of Calculation in C.C.No.   33/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6,500/- X 10 years Present Service+2 years weightage service

                                                     70

=Rs 1114/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 46 years.

58 years – 46 years = 12 years.

Therefore factor shown in the Table B at the column “less than 12 years =2.992 is applicable. Since the past service of complainant is 25 years, multiplier 170 is applicable.

2.992 X 170 = 509/-.

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Entitled amount Rs    1623/-

Paid amount       Rs     677/-

Difference                Rs 946/-

From 01/02/2006 to 02/05/2015 = 111 months

946 X 111 Months = 1, 05006/-

Rs 1,05,006/-+12% interest Pa.Rs 78754.50/- = 1,83,760/-

Memo of Calculation in C.C.No.34/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 12 years Present Service+2 years weightage service

                                                     70

=Rs 1579/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43  years =  15 years.

Therefore factor shown in the Table B at the column “less than 15 years = 3.983 is applicable. Since the past service of complainant is 15 years, multiplier 95.000 is applicable.

3.983 X 95 = 378.38

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

1579+ 378.38 = 1957.38/-

Entitled amount Rs   1,957.38/- P.M.

Paid amount       Rs   1632/- P.M.

Difference            Rs. 325.38/-

Rs.325.38 X 55 months (from 01/05/2010 to 10/04/2015) = Rs.17895.92/- + 12% p.a. i.e. Rs.7456.62/- = Rs.25353/-

Memo of Calculation in C.C.No.35/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6,500/- X 14 years Present Service+2 years weightage service

                                                     70

=Rs 1486/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 44 years.

58 years – 44 years = 14 years.

Therefore factor shown in the Table B at the column “less than 14 years = 3.623 is applicable. Since the past service of complainant is 20 years, multiplier 170.000 is applicable.

3.621 X 170.00 = 615.57/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs.1486 + 615.57= 2101.57

Entitled amount Rs   2101.57/-

Paid amount       Rs  1780/-

Difference           Rs  321.57/-

From 31/07/2009 to 01/05/2015 = 70 Months

321.57  X 70 Months = 22510

Rs 22510/- + 12% interest p.a.i.e Rs 11256/- = 33,766/-

       Memo of Calculation in C.C.No.43/2015

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 15 years Present Service+2 years weightage service

                                                     70

=Rs 1,579/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 44 years.

58 years – 44 years = 14 years.

Therefore factor shown in the Table B at the column “less than 14 years = 3.621 is applicable. Since the past service of complainant is 2 years, multiplier 80 is applicable.

3.621 x 80 = 290/-.

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs 1579 + 290= 1869/-

Entitled amount Rs   1869/-

Paid amount       Rs  1544/-

Difference           Rs 325/-

From 29/11/2009 to 01/06/2015 = 67 months

325 X 67 Months = 21775/-

Rs 21775/- + 12% interest p.a.i.e Rs 10890/- = Rs 32,665/-

Memo of Calculation in C.C.No 143/2014

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5524/- X 7  years Present Service+2 years weightage service

                                                     70

=Rs 929/-.

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 51 years.

58 years – 51 years = 7 years.

Therefore factor shown in the Table B at the column “less than 07 years = 1.858 is applicable. Since the past service of complainant is 20 years, multiplier 170 is applicable.

1.858 x 170 = 315.86 /-

As per the paragraph No12(5) r/w 10(2) of the Employees    pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs.929+315.86 = 1244.86

Entitled amount Rs   1244.86/-

Paid amount       Rs  789/-

Difference           Rs 456/-

From 14/03/2002 to 20/05/2014 = 146 months

456 X 146 Months = 66576/-

Rs 66576/- + 12% interest p.a.i.e Rs 66576/- = Rs 1,33,151/-

Memo of Calculation in C.C.No.144/2014

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

3424/- X 16 years Present Service+2 years weightage service

                                                     70

=Rs 1671/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 37 years.

58 years – 37 years = 21 years.

Therefore factor shown in the Table B at the column “less than 21 years 7.056 is applicable. Since the past service of complainant is 4 years, multiplier 85 is applicable.

7.056 x 85 = 600/-.

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs.1671+600 = 2271/-

Entitled amount Rs   2271/-

Paid amount       Rs  957/-

Difference               Rs 1314/-

From 02/05/2011 to 10-09-2014 = 40 months

1314 X 40 Months = 52560/-

Rs 52560/- + 12% interest p.a.i.e Rs 13140/- = 65,700/-

Memo of Calculation in C.C.No.145/2014

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 8 years Present Service+2 years weightage service

                                                     70

=Rs 929/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 50 years.

58 years – 50 years = 8 years.

Therefore factor shown in the Table B at the column “less than 8 years 2.044 is applicable. Since the past service of complainant is 21 years, multiplier 170 is applicable.

2.044 x 170 = 347.48/-.

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs.929+347.48 = 1276.48/-

Entitled amount Rs   1276.48/-

Paid amount       Rs  997/-

Difference          Rs 279.48/-

From 04/05/2003 to 20-04-2014 = 131 months

279.48 X 131 Months = 36611.88/-

Rs 36,611.88 + 12% interest p.a.i.e Rs 33560.89/- = 70,172/-

Memo of Calculation in C.C.No.146/2014

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 16 years Present Service+2 years weightage service

                                                     70

=Rs 1671/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 42 years.

58 years – 42 years = 16 years.

Therefore factor shown in the Table B at the column “less than 16 years 4.381 is applicable. Since the past service of complainant is 16 years, multiplier 135 is applicable.

4.381 x 135 = 591.4/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs.1671+591 = 2262/-

Entitled amount Rs   2262/-

Paid amount       Rs  1890/-

Difference               Rs 372/-

From 17/06/2011 to 01/06/2014 = 36 months

372 X 36 Months = 13406/-

Rs 13406 + 12% interest p.a.i.e Rs 3351.6/- = 16,758/-

Memo of Calculation in C.C.No.147/2014

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

5,500/- X 8 years Present Service+2 years weightage service

                                                     70

=Rs 929/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 49 years.

58 years – 49 years = 9 years.

Therefore factor shown in the Table B at the column “less than 9 years 2.248 is applicable. Since the past service of complainant is 23 years, multiplier 170 is applicable.

2.248 x 170 = 382.16/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Entitled amount Rs   1311.6/-

Paid amount       Rs  1125/-

Difference               Rs 186.6/-

From 08/12/2003 to 20-04-2014 = 124 months

186.6 X 124 Months = 23138.4/-

Rs 23138.4 + 12% interest p.a.i.e Rs 21210.2/- = 44,348.6/-

Memo of Calculation in C.C.No.148 /2014

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 8 years Present Service+2 years weightage service

                                                   70

=Rs 929/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 50 years.

58 years – 50 years = 8 years.

Therefore factor shown in the Table B at the column “less than 8 years 2.044 is applicable. Since the past service of complainant is 20 years, multiplier 135 is applicable.

2.044 x 135 = 275.94/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs.929+275.94 = 1204.94/-

Entitled amount Rs   1204.94/-

Paid amount       Rs  1125/-

Difference               Rs 80/-

From 01/02/2004 to 10-09-2014 = 127 months

80 X 127 Months = 10160/-

Rs 10160 + 12% interest p.a.i.e Rs 8470/- = 18,630/-

Memo of Calculation in C.C.No 149/2014

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6500/- X 15 years Present Service+2 years weightage service

                                                     70

=Rs 1579/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 43 years.

58 years – 43 years = 15 years.

Therefore factor shown in the Table B at the column “less than 15 years 3.983 is applicable. Since the past service of complainant is 14 years, multiplier 105 is applicable.

3.983  x 105 = 418.21/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs.1579+418.21 = 1997.21/-

Entitled amount Rs   1997.21/-

Paid amount       Rs  1397/-

Difference               Rs 600.21/-

From 01/06/2010 to 10-09-2014 = 51 months

600.21 X 51 Months = 30610/-

Rs 30,610/- + 12% interest p.a.i.e Rs 10,204/- = 40,814.71/-

Memo of Calculation in C.C.No.   170/2014

1. Calculation of the Pension for the Period from 15-11-1995 till the date of retirement (as per the paragraph No12 r/w10(2):-

6,495/- X 13 years Present Service+2 years weightage service

                                                     70

=Rs 1397/-

2. Calculation of Pension for the past service(as per paragraph 12(5) (b) and Table B shown in the Employees’ pension scheme:-

Age of the complainant as on 15-11-1995 was 45 years.

58 years – 45 years = 13 years.

Therefore factor shown in the Table B at the column “less than 13 years 3.292 is applicable. Since the past service of complainant is 19 years, multiplier 170 is applicable.

3.292 x 170 = 560/-

As per the paragraph No12(5) r/w 10(2) of the Employees pension scheme 1995 pension shall be aggregate of the pension for the period from 16-11-1995 and the pension for the past service. Therefore the aggregate of the pension is as follows:-

Rs.1397+560 = 1953/-

Entitled amount Rs   1953/-

Paid amount       Rs  1557/-

Difference               Rs 396/-

From 01/09/2008 to 01/10/2014 = 76 months

396 X 76 Months = 30,096/-

Rs 30,096 + 12% interest p.a.i.e Rs 15048/- = 45,144/-

2) Op No 1 is the main contesting party in all the cases has filed detailed written version contending that the fixation of the monthly pension of the complainants is as per the scheme and they have not rendered 20 years of service after coming into force of the 1995 scheme and therefore they are not entitled to two years of weightage,para10(2) was amended by Government of India on 24-07-2009.para10(2) before this amendment read as “In case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”. Para 10(2) after amendment read as “in case of the member who superannuates on attaining the age of 58 years, and who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”. After amendment of Para 10(2), even in superannuation cases completion of 20 years pensionable service under Employees pension scheme 1995 is a must. As the Employees pension scheme, 1995 came into force on 16-11-1995; the 20 years pensionable service can be completed by any member only after 16-11-2015.

That the Op No 1 further states that “As per para 12(3)(ii),the aggregate of (a) and (b) calculated shall be subject to a minimum of Rs 800/-per month, provided the eligible service is 24 years. Provided further, if it is less than 24 years, the pension as computed above shall be reduced proportionately subject to a minimum of Rs 450/- per month.”

 That the Op No 1 further states that Para 10 is related to the service rendered by a member and the contributions thereon are received or receivable for the period after 16-11-1995 and not for the earlier period. Para 10 (2) of Employees pension Scheme,1995 is  for the purpose of giving weightage of 2 years to the members who have rendered the required number of years of service after16-11-1995 and not by clubbing both the past service prior to 16-11-1995 and the service rendered after 16-11-1995.

 Op No 1 further states that as per the Employees provident Fund Organization, Head office, New Delhi circular dated 26-11-2013 and Corrigendum No Pen(A&C)/RPNo:867-880/2012/NCDRC/KN Kallurappa/11827 dated 05-12-2013 two years bonus can be given where superannuation pension i.e., pension at the age of 58 years had commenced prior to 24-07-2009 when Para 10(2) was amended substituting the words “and/or” with “and” Than Op No 1 has submitted Eligible for 2 years weightage in C.C.Nos.17, 18, 21, 22, 23, 32 of 2015, 143,145,147, and 148 of 2014 and Not Eligible for 2 years weightage list in C.C.Nos.14,16,19,20,33,34,35,and 36 of 2015 and in C.C No 144,146, and 149 of 2014 all the complaints are barred by time etc., and hence has prayed for dismissal of the complaints.

2 a) Op No 2 state that the undisputed fact are that all the complainants were the employees of Op No 2 and during their employment they became the members of 1971 scheme and making contribution and after enforcement of 1995 scheme they continued to be the members by making the monthly contribution and now they have retired from service and Op No 1 has determined the pension payable to them. That after the retirement of the complainants from the services, the Op No 2 has submitted all necessary service particular of the complainant to the office of the Op No 1.Hence has prayed for the complaints against this Opponent may kindly be dismissed with cost.

 Both the parties have filed affidavits in lien of evidence and they have also produced some documents as per Annexure which are common and undisputed one therefore there is no need to go in-detail about the documents.

Heard arguments of both the sides.

Now the points that arise for our consideration are;

1. Whether the complainants are entitled to the relief as is   

Sought for?

2. What Order?

Answers to the above Points:-

1. Affirmative.
2. As per final order.

a) Point No 1:-

In all the cases the opposite party is one and the same   though the complainants are different from one case to the other. The subject matter, the question of law and facts involved are one and the same. In order to avoid repetition of the facts and reasons and also to save the time we have taken up all the complaints together for passing common order as follows:-

That the Op No 1 is argued that as per para 10 (2) Employees pension Scheme 1995 the member has to Superannuates on attaining the age of 58 years and who has rendered service will be increased by adding a weightage of two years so as to determine the quantum of pension, as the Scheme stands weightage is to be given only from the year November 2015.

Further argued that Para 32 of Employees pension Scheme 1995 the Central Government decides the revision in the quantum of pension if any under the scheme. The Government not released any further relief into effect from 01-04-2000 onwards. Therefore, the Complainants are not entitled to the above benefit and stated that there is no deficiency.

      First of all we have to consider as to whether the service given by op No 1 is a service as is defined U/sec 2(1)(o) of the Act and as to whether the complainants are the Consumers U/sec 2(1) (d) (ii) of the Act. In this regard we would like to refer the decision of the Hon’ble Supreme Court of India reported in 2008 CTJ 563 (Between Regional Provident Fund Commissioner V/s Bhavani wherein it has been held as under;

“The Regional Provident Fund Commissioner, who has been made responsible for working of the Employees Pension Scheme,1995 is a Service giver within the meaning of section 2 (1)(o) of the consumer Protection Act and the Pensioner  availing his services comes squarely under the definition of “consumer” under its Section 2(1)(d)(ii)”. Therefore, we have no hesitation to hold that all the complainants are the Consumers U/Sec 2(1)(d)(ii) of the Act and the service given by the Op No 1 is a service U/Sec2(1)(o) of the Act.

         Further observed that, the period of limitation starts from the date on which the pensioners came to know that the pension that is being fixed/paid by the Op No 1 is erroneous. That means, when there is continuing wrong/recurring wrong, in such cases the cause of action starts from the date of knowledge not otherwise. In this regard Complainant counsel submits Hon’ble State consumer judgment in Appeal No 415 to 419 of 2008 dated 14/07/2008. When there is continuing wrong/recurring wrong, in such cases the cause of action starts from the date of knowledge. Therefore, the I.A. filed by the complainants in all the cases hereby allowed and we hold that there is no delay and question of limitation does not arise.

          No doubt those, the Complainants in all these cases are the former employees of KSRTC, Ghatage Transport Co Ltd, Bagalkot Cement Co Ltd, Godavari Sugar’s Ltd, and Vasavi Theater and after serving the above for a good number of years who retired from the service on attaining their age of superannuation. While they are in service, provident fund amount was being deducted out of the salary of the Complainants.

          That the Op No 1 submitted one circular, as per circular dated 26-11-2013 and Corrigendum No Pen (A&C)/RP No: 867-880/2012/NCDRC/KN-Kallurappa/11827 dated 05-12-2013 two years bonus can be given where superannuation pension i.e., pension at the age of 58 years had commenced prior to 24-07-2009. Para10(2) before this amendment read as “In case of the member who superannuates on attaining the age of 58 years, and/or who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”. Para 10(2) after amendment read as “in case of the member who superannuates on attaining the age of 58 years, and who has rendered 20 years pensionable service or more, his pensionable service shall be increased by adding a weightage of 2 years”. After amendment of Para 10(2), even in superannuation cases completion of 20 years pensionable service under Employees pension scheme 1995 is a must. As the Employees pension scheme, 1995 came into force on 16-11-1995; the 20 years pensionable service can be completed by any member only after 16-11-2015.

 “The said amendment is not applicable to these Complainants, at the time of accepting his membership to the pension scheme, no such provision was there. This amendment is against to the objects of the scheme. These amendments are applicable only to the members who have taken members after amendment and who have already taken membership of the pension scheme and paid the monthly contributions, these Circular is not applicable.”

  It was argued by the Op No 2 undisputed fact are that all the complainants were the employees of Op No 2 and during their employment they became the members of 1971 scheme and making contribution and after enforcement of 1995 scheme they continued to be the members by making the monthly contribution and now they have retired from service and Op No 1 has determined the pension payable to them which is under challenge in all these cases.

The interpretation of Para 12(4) (a) and (b) and Para 12(4) of 1971 scheme was considered by Hon’ble High Court of Karnataka in a case of K. Chennakesavalu V/s The Employee Provident Fund organization, Rep by its Commissioner, New Delhi and others in a case reported in ILR 2004 KAR 2859 and the Hon’ble High Court of Karnataka has held as under;

 “In so for as past service in terms of Para 12 (4) (b) it provides for a minimum of Rs 600/- per month. It cannot be forgotten that Para 12 (4) (b) has to be read in the light of the main provision i.e.12 (4) itself. Para 12(4) provides for retirement benefits being equal to an aggregate of pension.”

Further we noticed that, complainants in all the cases have put in more than 20 years of service and they are entitled for weightage of two years and the same not considered by the opposite party No 1. But the counsel for the opposite party vehemently contended that, as per Para 10 of the Employees Pension Scheme 1995 those members who have put in 20 years of service or more from 16-11-1995 the fact of weightage is applicable, the pension has been calculated/fixed according to the paragraph 12 of the Employees pension scheme 1995 and stated that as per Para 10(2) of the Employees pension scheme 1995 the member has to superannuates on attaining the age of 58 years and who has rendered 20 years pensionable service or more his pensionable service will be increased by adding a weightage of two years so as to determine the quantum of pension. As the scheme stands, weightage is to be given only from November 2015 and vehemently contended that the complainants are not entitled to the above benefits.

That the Complaint in C.C.Nos.146/2014 after filing the case The Complainant was died on 24-03-2015, after that Complainant Council bring LRS with produce LRS Certificate, his LRS by name Neelamma @ Tippawwa W/o Bishtappa Gaddanakeri. But the Op No 1 argued that the name of the LRS different from 10D form she is not a legally wedded wife, but the complainant council produced Xerox copy of SBI Bank Pass Book, it shows after the death of Bishtappa his LRS name in the pass book Neelamma @ Tippawwa W/o Bishtappa Gaddanakeri, and also pass book shows that the Op No 1 has credited the pension arrears. Hence this forum concluded that Neelamma @ Tippawwa is legally wedded wife of deceased Bishtappa.    

          On scrutiny of the material evidence available on record, we find that, admittedly the complaints were the employees of the KSRTC and some are Sugar Factory, and other employees now all are retired from service either on superannuation or voluntarily.

  In view of the above discussion, we hold that, the scheme 1995 is very clear and the law laid by the Hon’ble National commission and The Hon’ble state commission, Hon’ble District forum judgments, at the same time the Hon’ble Supreme court of India also considered the same issue. However, we find that, the Op No 1 despite of holding many number of judgments in their hand forced these senior citizens i.e., Complainants counsel submitted copy of judgments Hon’ble State Consumer Disputes Redressal commission Bangalore Appeal No 613/2012 to 656/2012 and copy of judgments of before Hon’ble Dakshina kannada District consumer Disputes Redressal forum Mangalore CC No 352/2011 to 358/2011 and and C.C No 360 to 381 of 2011 & C.C No 391 to 405,of 2011, National Consumer Disputes Redressal  commission New Delhi 2010 (3) CPR page No 45, Supreme court page 3828,AIR 2008 Supreme court page 2957, III 2013 CPJ 244 (NC), copy of State Commission judgments, New Delhi II (2014) CPJ Page No 570 (NC). I (2008) CPJ Page 306 (NC) Provident Fund Commissioner V/s Sulekha National Consumer Disputes Redressal Commission, for that the op No 1 shall pay adequate compensation by way of interest. The Complainant is entitled for the interest on arrears at the rate of 12% p.a. in these cases the Hon’ble National Commission held that under the provision of the Employees pension Scheme 1995 it is mandatory to impose interest at the rate of 12% p.a. By considering the age of the Complainants and also the inconvenience caused to them for all these years, we hereby directed the Op No 1 as follows:-

The Op No 1 i.e. Asst. Provident fund commissioner, Regional office, Raichur is hereby directed to recalculate the pension payable to the complainants in complaint are entitled for the benefit of minimum pension calculated with reference to para 12 and Table-B shown in the Employees’ pension Scheme 1995. The Hon,ble high court considered the similar facts of an employee directed the provident fund commissioner to correct the error. The above observation supported by the observation made by the Hon,ble  High court of Karnataka in case K.Channakesavalu Versus the Employees provident Fund Organization represented by its commissioner, New Delhi and Others (ILR 2004 Kar 2859), wherein held that the pensioner are entitled for two years weightage under 10 (2) each complaint giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of the each Complainant along with arrears of pension with interest at the rate 12% per annum and also directed to the Op No 1 to give annual reliefs as per paragraph 32 of the scheme 1995 to all the Complainants from the respective due date along with the interest at 12 % per annum. Apart from the above the Op No 1 is hereby directed to pay Rs 2000/- each to the Complainant in all the cases towards cost of the litigation expenses payment shall be made within 60 days from the receipt of this order.

With this we answer point No 1 Affirmative

As per as Op No 2 is Concerned there is no deficiency and hence the complainant against Op No 2 is hereby dismissed.

In the present case, interest considered by this forum itself is compensation and therefore, no separate amount for compensation is awarded

b) Point No 2:-   In the result, we proceed to pass the following:-

                      ORDER

 C.C.Nos.14,16,17,18,19,20,21,22,23,32,33,34,35,and 43 of 2015 and C.C.Nos 143,144,145,146,147,148,and 149 of 2014 and 170 of 2014  are allowed.

I) The Op No 1 i.e., Asst. Provident Fund Commissioner, Regional office, Raichur is hereby directed to recalculate the pension payable to the complainants in each complaint giving weightage of two years and also extend minimum assured benefits both in respect of past and present service with effect from the date of retirement of the each complainants along with arrears of pension with interest at the rate of 12% per annum.

II) If Op No1 have paid Arrears of pension in some cases without interest. That the Op No 1 is hereby directed to pay interest at the rate of 12% per annum above said case with effect from the date of retirement of the Complainants.

III) And also directed to the Op No 1 to give annual relief as per paragraph 32 of the scheme 1995 to all the complainants from the respective due date along with interest at 12% per annum.

IV) Apart from the above Op No 1 is hereby directed to pay
Rs 2,000/-each to the complainant in all the cases towards cost of the litigation expenses, and mental agony. Payment shall be made within 2 months from the receipts of this order.

V) Complaints against Op No 2 are hereby dismissed.

VI) Keep the original orders in complaint No 14/2015 and copy in other connected cases and Opposite Party in all the cases are common. Since the complaints are 22 Nos., both the counsels are directed to receive the certified copies instead of free copies in order to save time.

(Dictated to the Stenographer directly on computer corrected by me and then pronounced in the open Forum on this 22^nd day of October 2016)

ANNEXURE

Witnesses Examined on behalf of the Complainants:-

1) Shri Bhimappa S/o Basappa Melligeri

2) Shri Sangappa S/o Basappa Nari

3) Shri Hanamanth S/o Shrinivas Kulkarni

4) Shri Chandalingappa S/o Chandappa Ambiger

5) Shri Balappa S/o Rangappa Myageri

6) Shri Hanamesh S/o Anantachar Panchamukhi

7) Smt Chandabi W/o Late Allabaxa Baliganur

8) Shri  Ramappa S/o Rayappa Elager

9) Shri  Husainasab S/o Yasinasab Bhavikatti

10) Shri Ashok S/o Parasappa Kabbinad

11) Shri Maritimmapa S/o Kalabasappa Gangal

12) Shri Mahadev S/o Channappa Mannur

13) Shri  Mukund S/o Balavant Joshi

14) Shri  Subash S/o Gurappa Hosur

15) Shri  Iranna S/o Mallikarjunappa Dodamani

16) Shri  Anil S/o Narayaachayar Burli

17) Shri Basanagouda S/o Karigouda Biradar

18) Smt. Neelamma @ Tippawwa W/o Bishtappa Gaddanakeri

19) Shri  Tukaram S/o Kamageerappa Dasar

20) Shri Tikappa S/o Lamappa Ambiger

21) Shri Mrutunjaya S/o Malakayya Tegginamath

22) Shri Rajesab S/o Babusab Kalasi

Witnesses examined on behalf of the Op 1 in all cases

1) Shri D.Hanumanthappa Pennaiah Regional Provident Fund Commissioner Raichur.

Witnesses examined on behalf of the Op 2 in some cases

1) The Divisional Controller NWKRTC Bagalkot.

Documents produced on behalf of the Complainant in complaint No 14   of 2015.

1. Xerox Copy of Copy of pension payment order issued by the Op No 1
2. EX C1 Copy of Representation
3. Ex C2:- Postal Acknowledgement
4. Xerox Copy of Divisional Establishment Order

Documents produced on behalf of the Op 1 in Complaint No 14 of 2015.

1. ExOP1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification
3. Xerox Copy of Paragraph 10(2) of EPS 1995.Annexure III
4. Ex Op 2:-List for eligible for 2 year Weightage
5. Ex Op 3:-List for not eligible for 2 year Weightage

Documents produced on behalf of the Complainant in complaint No 16 of 2015.

1. Xerox  Copy of Copy of pension payment order issued by the OpNo1
2. Xerox Copy of Acknowledged copy of Representation
3. ExC1:- Postal Acknowledgement
4.  Xerox Copy of Divisional Establishment Order

Documents produced on behalf of the Op 1 in Complaint No 16 of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2.  Xerox Copy of Ministry of labour employment Notification

Documents produced on behalf of the Complainant in complaint No 17 of 2015.

1. Xerox Copy of pension payment order issued by the Op No 1
2. Xerox Copy of Acknowledged copy of Representation
3. Xerox Copy of Divisional Establishment Order

Documents produced on behalf of the Op 1 in Complaint No 17of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification,
3. Xerox copy of Annexure IV,

Documents produced on behalf of the Complainant in complaint No 18 of 2015.

1. Xerox Copy of Copy of pension payment order issued by the Op No 1,
2.  Xerox Copy of Divisional Establishment Order
3. Legal Notice
4. Ex C1:- Postal   Acknowledgement

Documents produced on behalf of the Op 1 in Complaint No 18 of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification
3.  Xerox Copy of Paragraph 10(2) of EPS 1995.Annexure II
4. Ex OP2:- Pension Calculation Annexure III
5. Xerox copy of Annexure IV

Documents produced on behalf of the Complainant in complaint No 19 of 2015.

1. Xerox  Copy of Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Xerox Copy of Acknowledged copy of Representation.
4.  EXC1:-Postal Receipts 

Documents produced on behalf of the Op 1 in Complaint No 19 of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification

Documents produced on behalf of the Complainant in complaint No 20 of 2015.

1. Xerox Copy of Copy of pension payment order
2. Xerox copy of Retirement
3. Xerox Copy of Acknowledged copy of Representation.
4.  Ex C1:- Postal Acknowledgement 

Documents produced on behalf of the Op 1 in Complaint No 20 of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.

Documents produced on behalf of the Complainant in complaint No 21of 2015.

1. Xerox Copy of Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Xerox copy of Death certificate
4. Ex C1:- Postal Receipts
5. Xerox Copy of Acknowledged copy of Representation.

Documents produced on behalf of the Op 1 in Complaint No 21of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  Ex Op2:- Pension Calculation Annexure III

Documents produced on behalf of the Complainant in complaint No 22 of 2015.

1. Xerox Copy of Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Xerox Copy of Acknowledged copy of Representation.
4. ExC1:- Postal Acknowledgement 

Documents produced on behalf of the Op 1 in Complaint No 22 of 2015.

1. ExOp1:- Xerox Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification
3. Ex Op2:- Calculation of pension Annexure III
4. Xerox copy of Annexure IV

Documents produced on behalf of the Complainant in complaint No 23 of 2015.

1. Xerox Copy of Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Xerox Copy of Acknowledged copy of Representation.
4.  ExC1:- Postal Acknowledgement 

Documents produced on behalf of the Op 1 in Complaint No23 of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  ExOp2:- Calculation Pension Annexure III
4. Xerox Copy of Ministry of labour Provident Fund Organization.

Documents produced on behalf of the Complainants in complaint No 32 of 2015.

1. Xerox Copy of pension payment order
2. Ex C1:- Postal Receipt
3. Ex C2:- Legal Notice
4. Xerox Copy of Divisional Establishment Order

Documents produced on behalf of the Op 1 in Complaint No 32 of 2015.

1. ExOp1:- Xerox Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  Xerox Copy of Paragraph 10(2) of EPS 1995.Annexure II
4. Xerox Copy of Ministry of labour Provident Fund Organization.
5.  Ex Op 2:- P F Calculation Annexure III

Documents produced on behalf of the Complainant in Complaint No 33 of 2015.

1. Xerox Copy of Copy of pension payment order
2. Ex C1:- Postal Receipt
3. Ex C2:- Xerox Copy of Acknowledged copy of Representation.    

Documents produced on behalf of the Op 1 in complaint No 33 of 2015.

1. ExOp1:- Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.

Documents produced on behalf of the Complainant in complaint No 34 of 2015.

1. Xerox Copy of Copy of pension payment order
2. Xerox Copy of Acknowledged copy of Representation.
3. Ex C1:- Postal Acknowledgement 
4. Xerox copy of Retirement Copy

Documents produced on behalf of the Op 1 in Complaint No 34 of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.

Documents produced on behalf of the Complainants in complaint No 35 of 2015.

1. Xerox Copy of pension payment order
2. Ex C1:- Postal Receipt
3. Acknowledged copy of Representation
4. Xerox Copy of Divisional Establishment Order

Documents produced on behalf of the Op 1 in Complaint No 35 of 2015.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.

Documents produced on behalf of the Complainants in complaint No 43 of 2015.

1. EX C1 True Copy of pension payment order
2. Acknowledged copy of Representation
3. Ex C2:- Postal Receipt

Documents produced on behalf of the Op 1 in Complaint No 43of 2015.

1. ExOp1 Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.

Documents produced on behalf of the Complainants in complaint No 143 of 2014.

1. Xerox Copy of pension payment order
2. Acknowledged copy of Representation
3. Ex C1:- Postal Acknowledgement 

Documents produced on behalf of the Op 1 in Complaint No 143 of 2014.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  EX OP2 Annexure III
4. Xerox copy of Annexure IV

Documents produced on behalf of the Complainants in complaint No 144 of 2014.

1. Xerox Copy of pension payment order
2. Acknowledged copy of Representation
3. Ex C1:- Postal Acknowledgement 

Documents produced on behalf of the Op 1 in Complaint No 144 of 2014.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  Xerox Copy of Paragraph 10(2) of EPS 1995.Annexure III

Documents produced on behalf of the Complainants in complaint No 145 of 2014.

1. Xerox Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Ex C1:- Postal Receipt
4. Acknowledged copy of Representation

Documents produced on behalf of the Op 1 in Complaint No 145 of 2014.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  EX OP3 Annexure III

Documents produced on behalf of the Complainants in complaint No 146 of 2014.

1. Xerox Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Acknowledged copy of Representation
4. Ex C1:- Postal Acknowledgement
5. Ex C2:- True copy of Death Certificate
6. Ex C3:- Original copy of Legal hears certificate
7. Xerox Copy of the Complainant Bank Pass Book

Documents produced on behalf of the Op 1 in Complaint No 146 of 2014.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification
3. Xerox Copy of Paragraph 10(2) of EPS 1995.Annexure II

Documents produced on behalf of the Complainants in complaint No 147 of 2014.

1. Ex C1:- Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Ex C2:- Postal Receipts
4. Acknowledged copy of Representation

Documents produced on behalf of the Op 1 in Complaint No 147 of 2014.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  EX OP2 Annexure III
4. Xerox copy of Annexure IV

 Documents produced on behalf of the Complainants in complaint No 148 of 2014.

1. Xerox Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Ex C2:- Postal Receipts
4. Xerox Copy of Representation copy
5. Ex C3:- Postal Acknowledgement

Documents produced on behalf of the Op 1 in Complaint No 148 of 2014

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  Xerox Copy of Paragraph 10(2) of EPS 1995.Annexure II
4. Ex Op2:- Annexure III
5. Xerox copy of Annexure IV

Documents produced on behalf of the Complainants in complaint No 149 of 2014

1. Xerox Copy of pension payment order
2. Xerox Copy of Divisional Establishment Order
3. Xerox Copy of Representation copy
4. Ex C1:- Postal Acknowledgement

Documents produced on behalf of the Op 1 in Complaint No 149 of 2014.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  Xerox Copy of Paragraph 10(2) of EPS 1995.Annexure II

Documents produced on behalf of the Complainants in complaint No 170 of 2014.

1. Ex C1:- True copy of the retirement order
2. Ex C2:- True Copy of pension payment order
3. Xerox Copy of Representation copy
4. Ex C3:- Postal Acknowledgement
5. Ex C4:- Postal Receipts

Documents produced on behalf of the Op 1 in Complaint No 170  of 2014.

1. ExOp1:- Copy of Calculation of complainants monthly pension under EPS 1995.Annexure I
2. Xerox Copy of Ministry of labour employment Notification.
3.  Xerox Copy of Paragraph 10(2) of EPS 1995.Annexure II