Orissa

Rayagada

CC/93/2016

Uma Charan Sahu - Complainant(s)

Versus

The DEO, Rayagada - Opp.Party(s)

Self

31 Oct 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

         

.                                   C.C. Case  No.93/ 2016.

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu,B.Sc.                                     Member

Uma Charan Sahu,S/o Rama Chandra Sahu,Qtr.No.A-4/8,Near RSEWC High School,J.S.Colony,Rayagada-765002.                                                                                                                                                                                   …….Complainant

                                                            Vrs.

1. District  Education Officer, Rayagada.
2. Director of Secondary  Education Odisha, Bhubaneswar.                                                                                                                                        …..…..Opp.Parties

Counsel for the parties:                                           

For the complainant: In Person

For the O.Ps: Self

                                                            JUDGMENT

                        The facts of the complaint  in brief is that  the complainant has completed 20 years of  service as Lower Secondary Education Service and got promotion  on 15.06.2006 to Junior Secondary Education Service but till date the authority has not sanctioned RACP but the similar teachers of other districts have got the benefits. Due to non fixation of grade pay the complainant could not able to apply for any other post  of Odisha Revenue Service  and Principal for model schools etc. Hence, prayed for sanction of RACP  at an early date  and direct the Ops to pay cost of the case and   for mental agony and financial loss. Hence, this complaint.

                        Being noticed by this forum the opposite parties filed  written version  inter alia denying the petition allegations on all its material particulars. It is submitted by the Ops that due to direct promotion from TM to TGT w.e.f 14.06.2006 the applicant was got TGT scale of pay w.e.f 14.06.2006  instead of 29.08.2007 as he is eligible on promotional hierarchy under RACP scheme. He is eligible for TGT scale of pay  on completion of 20 years w.e.f 29.08.2006 as he is eligible TM to TI on completion of 10 years and TI to TGT  after completion of another 10 years. But he got TGT scale of pay prior to his eligibility under RACP  scheme 2013 by virtue of his promotion by the DSE(O) w.e.f 14.06.2006. Therefore till now no claim is pending for sanction of RACP in his favour. If the case filed by the complainant  in OAT Cuttack shall gone in his favour  and the Director Secondary Education, Odisha, Bhubaneswar will allow him the seniority from his 1^st appointment then he will get RACP on promotional hierarchy. Hence, the Ops prayed  to dispose the case   as the case has no merit and the OA regarding seniority for promotion  is lying pending in the Hon’ble OAT, Cuttack.          

                                                             FINDINGS 

                        Perused the complaint petition and written version filed by the parties. Since the matter relates to  sanction of RACP before retirement, this forum cannot entertain this petition. The provisions of Consumer Protection Act  go to show that the opposite parties under whom the petitioner  is worked as employer, the dispute is not a consumer dispute and the petitioner cannot be regarded as a consumer within the meaning of “Sec.2(1)(d) of the C.P.Act.” In the Case of Ch.Veerabhadrayya Vrs.The Secretary, A.P.Residential Educational Institutions Society III(1992)CPJ 3 (NC).Thus this Forum has no jurisdiction to entertain the complaint and to pass judgment and order.                                                 

                                                            ORDER

                        Hence, in view of the above findings the complaint petition is not maintainable before this forum. However, the complainant is directed to approach the appropriate forum to put forth  his grievances.

                        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