Orissa

Rayagada

CC/206/2015

Smt.Mandangi Sillo - Complainant(s)

Versus

The Commisioner -cum-Secretary, Rural Development Dept., - Opp.Party(s)

Self

30 Jul 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                                           C.C. Case No.206/ 2015

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                               President.

Sri Gadadhara Sahu,B.Sc.                                      Member

Smt.Mandangi Silio,W/o late Mandangi Barika,Ex-Filter Operataor,RWS & S.Division,Rayagada, Residing at Adivasi Street,K.Singpur,Po/Ps K.Singpur,,Dist. Rayagada.                                                                                                                                                                                                                …….Complainant

                                                            Vrs.

1. Commissioner-cum-Secretary, Rural Development Department, Bhubaneswar.
2. Supdt. Engineer, RWS&S Circle, Koraput.
3. Chief Engineer, RWS &S, Odisha, Bhubaneswar.                                                                                                                   …..…..Opp.Parties

Counsel for the parties:

For the complainant: In Person

For the O.Ps: Sri Y.Madhu,AGP,Rayagada.

                                                            JUDGMENT

                        The facts of the complaint  in brief is that the husband of the complainant was  appointed as  K.Ch.Khalasi in work charged basis on 29.08.1979   and he has given continuous service till his death dt.03.04.1992   ‘and bythat time he was   working  as Filter Operation  under work charged establishment  of the OP vide order No.18676 dt.27.11.1989  At the time of his death  he has rendered more than twelve years of continuous service without any break and qualified for the pension/ family pension.  As per  Government Circular Nol.5483/F dt.06.03.1990  and 42790 dt.1,10,1992  it is clearly stated that a Government employee is eligible to get the pensionery benefits after completion of five years service  in work charged establishment.   The Government has issued direction in letter No.26089 dt.4.06.92 for absorption of the work charged employees of public health engineering organization and as per the official records the late husband  of the complainant is coming under the said category and as such entitled to the family pension.  Unfortunately the husband of the complainant  was expired on 3.4.1992 one day  prior to the said notification and on such technical grounds the right of the family pension was ignored/delayed . The necessary pension papers  were already submitted to the authorities in the year 2002 and no action  was taken by them till today. Hence prayed  to direct the Ops to  pay the family pension to the complainant and award suitable compensation and such other relief  as the forum deem fit and proper.   Hence, this complaint.

                        Being noticed, the O.ps    appeared and filed their written version inter alia denying the petition allegations on all its material particulars.                 It is submitted  by OPs that the petitioner is not a consumer and the subject matter of the dispute does not come under the provisions of the C.P.Act,1986. The Ops are neither trader  nor service provides  and that the petitioner is also not a consumer within the meaning and ambit  of the C.P.Act.

                        It is  further submitted by the Ops that the husband of the complainant  was appointed as work charged khalasi on 29.08.1979  under Executive Engineer,P.H.Division, Koraput and was promoted to the post of filter operation under work charged establishment  and he joined in the said post on 1.1.1990  and the appointment and  service of the husband of the complainant was purely temporary and he was died on 3.4.92  while in  he was in service and he rendered more than twelve   and half years of continues service in the work charged establishment without any interruption.  The Chief Engineer, PH Odisha, Bhubaneswar has communicated  vide letter No.126476  dt.7.8.92  to absorb all work charged employees  to Brought over regularization with effect from 4.6.1992   and accordingly the services of all the work charged employees were regularized  but unfortunately the services of the husband of the complainant could not be regularized since he was died on 3.4.1992 while in service, prior to the order of the government as such the service of Mandangi Barika was not regularized and he  died as temporary work charged employee as such he was devoid of service benefits including family pension.  The husband of the complainant was not a regular government employee  and as such the pension benefits  is not applicable to him. As sympathetic consideration, the Superintending Engineer, RWS&S ,Koraput has  submitted a proposal to the Chief Engineer, RWS&S  Odisha, Bhubaneswar  to move the matter to H&UD  Department, Government of Odisha for sanction of work charged post of filter operation with effect from 3.4.92 i.e. from the date of death of Mandangi Barika instead of 4.6.92    and the Chief Engineer, RWS&S ,Bhubaneswar  has forwarded  the same to the Joint Secretary, Government Rural Development Department, Odisha, Bhubaneswar  but since the proposal   is beyond the frame work of Rules the same could not considered by the Government. The complainant has no cause of action to file this petition and she came with this petition at a belated stage after 23 years as such this petition is barred by limitation, bad under the law and it not maintainable and hence prayed to dismiss the case .           

 

                                                                                      FINDINGS

                        We perused the complaint petition and written version  filed by both the parties  and after perusal of documents it reveals  that the complaint petition  relates to the year 1992  which is a time barred complaint and this forum can not adjudicate this complaint.  As per Section 24 A of the Consumer Protection Act : (l) The District Forum, shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

(2)  Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (l), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

            Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay. Hence, the complaint petition is dismissed  having barred by law of limitation

                                                                  ORDER

                        Hence, in view of the Sec.24 A of the C.P.Act,1986 the  complaint petition filed by the complainant is dismissed having no merit. As well as the case related to service matter. Hence, the complaint  is directed to approach the appropriate forum.

                        Pronounced in open forum today on this 21^st day of  October,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

Member                                                                                               President

Documents relied upon:

By the complainant:

1. Copy of Corrigendum dt.1.10.1992 & 6.03.1990
2. Copy of letter memo No.1520 dt.28.02.2005
3. Copy of letter No.46505 dt.4.12.2002
4. Copy of letter No.18910 dt.23.06.2014

By the Opp.Party: Nil

1. Copy of letter No.1214 dt.25.06.2015
2. Copy of letter No.18910 dt.23.06.2014
3. Copy of letter No.46505 dt.4.12.2002
4. Copy of letter memo No.1520 dt.28.02.2005
5. Copy of letter memo No.35 dt.3.1.04
6. Copy of Corrigendum dt.1.10.1992 & 6.03.1990
7. Copy of letter No.136 dt.30.06.2015

 

                                                                                                 President