This C.C coming on before us for final hearing, on 19-9-2008 in the presence of Sri.K.Jagan Mohan Rao, Advocate for the complainant and opposite party appeared in person; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Sri. K.V.Kaladhar, Member )
1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments;
2. The brief facts of the complaint are that the complainant had retired as Senior Grade Lecturer from Govt.Degree College for Women, Khammam on 31-8-2004.
That the pension of the complainant has been settled after lapse of one year 8 months i.e., on 31-5-2006. This is caused a lot of inconvenience and financial suffering and this was departmental obligation on the part of opposite party.
The complainant was paid an amount of Rs.2,50,000/- towards her gratuity on 11-5-2006 along with other pensionery benefits. That she is entitled to interest on her pension Rs.9,150/- for a period of one year 8 months @ 9% per annum and also entitled interest on gratuity of on Rs.2,50,000/- @ 9% per annum for a period of one year 8 months thus she is entitled Rs.57,322/-. This is clearly amounts to deficiency in service on the part of opposite party. Hence this complaint. Hence the Hon’ble Forum may be pleased to direct the opposite party to pay an amount of Rs.57,322/- together with interest towards deficiency in service to award damage of Rs.40,000/- from causing pain, suffering and mental agony and to award costs of the complainant or to grant any other relief.
2. Complaint filed her affidavit along with the following documents:
ExA1: Xerox copy of relieving letter, dated 31-8-04 issued by Principal, government Degree College for Women, Khammam .Ex A2: Xerox copy of a letter Accountant General issued to director of collegiate education, Andhra Pradesh, Hyderabad. Ex A3: Xerox copy of Non-drawal certificate issued by Principal, Government Degree College for Women, Principal to the complainant .Ex A4: Xerox copy of pension payment order of office of the Accountant General, Hyderabad.
3. Opposite party filed the following counter:
It is submitted that incomplete pension proposals of the complainant were received in the office of Director of Collegiate Education on 30-9-2004 certain statutory entries are essential to be recorded in the service register. The statutory entries are as follows:
1)No Dues Certificate
2)No Allegation Certificate
3)Last Pay Certificate
On noticing the above lapses the Service Register of the complainant was returned to the Principal, government Degree College, (w), Khammam on 18-10-2004 requesting him to record necessary entries in the Service Register under proper attestation. In turn the Principal, government Degree College, has submitted the Service Register of the complainant duly recording the above entries under proper attestation and that was received by this office on 15-12-2004.
That the service pension proposals of the complainant herein were forwarded to the Accountant General, A.P.Hyderabad on 4-3-05 with a request to verify the Pension Proposals and release the Pensionery Benefits to the above complainant at an early date. In turn the Accountant General A.P.,Hyderabad in his pension verification report , dated12-4-05 has asked the G.I.A.Certificate of the complainant This was also informed to the complainant. The principal, Govt.Degree College(w), Khammam was admitted to Grant in Aid on 13-5-1966 and the said college was taken over by the Govt.vide G.O.M.S.No.300 on 20-11-1990. The services of the complainant working against the Aided post was taken over by the Govt.W.E.F1.09.1976. The Principal has just submitted the details of admission of the college in to grant in aid and is taken over, but he has not submitted the grant in aid certificate as required by the Accountant General, A.P.Hyderabad. in this regard so much correspondence was done between the opposite party and Principal, Government Degree College, Khammam at last the Principal, Government Degree College for women, Khammam stated that the present staff members have no knowledge about the old records and requested the Director of Collegiate Education to kindly consider the non-availability of the erstwhile private management records, and the entries recorded in the Service Register itself is an evidence for considering her case.
The request of the Principal was submitted to the Accountant General, Hyderabad on 12-4-2006 and he had released the pensionary benefits.
In view of the above facts the Hon’ble Distrct Consumer Forum may be pleased dismiss the complaint.
4. The opposite party filed following documents:
Ex B1: A letter addressed by the Principal, Government Degree College for Women, Khammam to the Director of Collegiate Education, AP,Hyderabad, dated 27-9-2004. Ex B2: A letter addressed by the Principal, Government Degree College for Women, by Director of Collegiate Education, AP,Hyderabad, dated 18-10-2004. Ex B3: A letter addressed by the Principal Government Degree College for Women, Khammam to the Director of Collegiate Education, AP,Hyderabad, dated 9-12-2004.ExB4: A letter addressed by the Director of College Education, Hyderabad to the Accountant General, Hyderabad. Ex B5:Xerox copy of pension benefits of the complainant Ex B6: A letter Director Collegiate Education, Hyderabad to the Principal, Degree College for women, dated 30-8-2005.Ex B7:A letter addressed by the Principal, Degree College for women to the Director College education, Hyderabad. ExB8: A memo of Director of College Education, Hyderabad dated 23-9-05. Ex B9: A letter addressed by the Principal, Government Degree College for women to the Director Collegiate of education, Hyderabad , dated 7-10-2005.Ex B10: A memo of collegiate Education, dated 7-11-2005.Ex B11: A letter addressed by the Principal, Government Degree College for women, to the director of Collegiate Education, dated 24-11-2005.EX B12: Memo director of collegiate education, dated 3-1-2006. Ex B13: A letter addressed by the Principal, Government Degree College for women to the director of collegiate education, dated 6-1-2006.Ex B14: A letter addressed by the Director of Collegiate Education to the Accountant General, Hyderabad, dated 24-2-2006. Ex B15:Gratuity payment order of the complainant, dated 12-4-06.
5. The complainant filed his written arguments along with the pension rules and concessions to pensioners of chapter 25.
6. (i)The point for consideration is Whether this Forum is having jurisdiction to entertain this matter.
(ii) Wether the complainant is entitled to the relief as prayed for?
ISSUE NO.I:
It is the contention of the complainant that she had retired on 31-8-2004 as senior Grade Lecturer in Government Degree College for women, Khammam. Her pension was settled after lapse of one year 8 months i.e., on 31-5-2006. That as per rules she was paid an amount of Rs.2,50,000/- towards her gratuity on 11-5-06 and her pension was settled Rs.9,150/- upon to this account she is entitled interest @ 9% per annum which comes to Rs.57,322/- and she is also entitled damages of Rs.40,000/-.
For this contention of the opposite party is that incomplete pension proposals of the complainant were received on 30-9-2004 by his office and they had asked no-duce certificate, no allegation certificate and last pay certificate. The principal, Government Degree College for women, Khammam after correcting the above latches on 9-12-04 has resubmitted the service Register of the complainant and that was received by the office on 15-12-2004. Again the opposite party submitted the services pension proposals of the complainant to the Accountant General, AP, Hyderabad on 4-3-05 with a request to verify pension proposals and to release the pensionery benefits to the above complainant at an early date. In turn Accountant General, AP, Hyderabad in his verification report on 12-4-05 has asked the grant in aid certificate of the complainant. For this certificate the principal of the Government Degree College took so many months but due to non-availability of the above said certificate again the Principal Government Degree College submitted that the service Register may be considered as grant in aid certificate of the complainant upon the request of the principal, Government Degree College for women the same was forwarded to the Accountant General, AP, Hyderabad on 24-2-06 and the Accountant General, AP, Hyderabad released pension on 12-4-2006.
In support of the contention he filed so many documents vide Ex B1 to Ex B15. We have closely gone through the Ex’s filed by the complainant and opposite parties. There was so much correspondence between Principal of Government Degree College for women and director collegiate of Education, Hyderabad and Accountant General, Hyderabad.
7. However, we are of the considered opinion that this complaint pertains to interest on pension and gratuity. Hence this Forum is not having jurisdiction to entertain this matter. Hence this complaint has no merits and liable to be dismissed.
ISSUE NO-II:
This issue also as per issue No-I the complainant is not entitled to any relief and this issue is settled against the complainant and infavour of the opposite party. Hence the complainant is liable to be dismissed. Accordingly this complaint is dismissed.
8. In the result the complaint is dismissed. No costs.
Dictated to the Stenographer, Corrected and pronounced by us, in this Forum on this 30th day of September, 2008.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite parties
Nil Nil
DOCUMENTS MARKED FOR
Complainant
ExA1: Xerox copy of relieving letter, dated 31-8-04 issued by Principal, government Degree College for Women, Khammam .
Ex A2: Xerox copy of a letter Accountant General issued to director of collegiate education, Andhra Pradesh, Hyderabad.
Ex A3: Xerox copy of Non-drawal certificate issued by Principal, Government Degree College for Women, Principal to the complainant .
Ex A4: Xerox copy of pension payment order of office of the Accountant General, Hyderabad.
Opposite parties
Ex B1: A letter addressed by the Principal, Government Degree College for Women, Khammam to the Director of Collegiate Education, AP,Hyderabad, dated 27-9-2004.
Ex B2: A letter addressed by the Principal, Government Degree College for Women, by Director of Collegiate Education, AP,Hyderabad, dated 18-10-2004.
Ex B3: A letter addressed by the Principal Government Degree College for Women, Khammam to the Director of Collegiate Education, AP,Hyderabad, dated 9-12-2004
.ExB4: A letter addressed by the Director of College Education, Hyderabad to the Accountant General, Hyderabad.
Ex B5:Xerox copy of pension benefits of the complainant
Ex B6: A letter Director Collegiate Education, Hyderabad to the Principal, Degree College for women, dated 30-8-2005.
Ex B7:A letter addressed by the Principal, Degree College for women to the Director College education, Hyderabad.
ExB8: A memo of Director of College Education, Hyderabad dated 23-9-05.
Ex B9: A letter addressed by the Principal, Government Degree College for women to the Director Collegiate of education, Hyderabad , dated 7-10-2005.
Ex B10: A memo of collegiate Education, dated 7-11-2005.
Ex B11: A letter addressed by the Principal, Government Degree College for women, to the director of Collegiate Education, dated 24-11-2005.
EX B12: Memo director of collegiate education, dated 3-1-2006.
Ex B13: A letter addressed by the Principal, Government Degree College for women to the director of collegiate education, dated 6-1-2006.
Ex B14: A letter addressed by the Director of Collegiate Education to the Accountant General, Hyderabad, dated 24-2-2006.
Ex B15:Gratuity payment order of the complainant, dated 12-4-06.
President Member Member
District Consumers Forum, Khammam
