BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 18th day of March, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.19/2010

Between

Complainant : N.Vasu,

Ambattuvayalil House,

Vellathooval P.O,

Idukki District.

(By Adv: K.M.Sanu)

And

Opposite Parties : 1.The Deputy Chief Engineer,

Kerala State Electricity Board,

Generation Circle,

Meencut, Chithirapuram.

(By Adv: C.K.Babu)

2. The Chief Engineer(HRM),

Vydhyudhi Bhavanam,

Pattom P.O, Thiruvananthapuram.

3. The Secretary,

Kerala State Electricity Board, Vydhyudhi Bhavanam,

Pattom P.O, Thiruvananthapuram.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Complainant was a worker of KSEB from 1964 onwards and the job became permanent on 21.08.1971 and was to retire from service at the age of 55 years. But he had continued till the age of 60 years based on the judgement of the Hon'ble High Court and the date of retirement was on 31.03.2003. All the pensionery benefits including DCRG were released as per the directions contained in the judgement, the part of the pension allowance were sanctioned as Rs.2,03,558/- and the pension was fixed as Rs.8,052/-. Complainant was receiving the pension every month through bank from 29.04.2006. Without issuing any notice or information the opposite party reduced the amount of pension as Rs.1,743/-. When the complainant enquired about the same, the opposite party did not give any favourable reply. So the petition is filed for getting the pensionery benefits of the complainant without any reduction and also compensation for deficiency in service.

2. The opposite party filed a written version and admitted that the complainant was a permanent worker of opposite party from 1971 onwards and all the pensionery benefits including DCRG were released vide PPO No.31471 dated 12.12.2003 as per the directions contained in the judgement dated 19.09.2003 in WP(C) No.29562/2003 of Hon'ble High Court of Kerala. Meanwhile a complaint was received from one Mr.K.V. Jose alleging that the complainant who retired from Board's service on 31.03.2003 had produced false documents to prove his age and date of birth and thereby continued in service for 10 years more, after elapsing the actual retirement age. Based on that complaint, an enquiry was conducted by the Vigilance wing of the Board and found  that the allegations raised against him are true. Adopting Government circular, the loss sustained by the Board due to overstayal of Sri.N.Vasu had been calculated and quantified to Rs.20,17,172/-. Actually his date of superannuation was on 31.03.1993 at the age of 60 years. By using forged certificates, his date of superannuation was extended upto 31.03.2003, that is 10 years more service. He had conducted criminal offence by changing his date of birth. As the petitioner had already retired from service, no disciplinary action could be initiated against him. But as per note of Rule 3 of KSR, the liability can be fixed and recover from the pensioner if needed. Also as per rule 59 of KSR Part III, deduction of pension of a pensioner may be made. Hence the liability was fixed without further departmental enquiry.

3. Heard both sides. Before going to the evidence, the learned counsel for the opposite party submitted that any service rendered on free of charge or under a contract of personal service is excluded form the definition of service under Section 2(1)(O) of the Consumer Protection Act and the complaint is not maintainable in this Forum. It is admitted by the complainant and the opposite parties that the pension was released as per the order of the Hon'ble High Court of Kerala, the matter of pension and the period of retirement were decided by the Hon'ble High Court. So we think that before going to the merit of this case, it is not proper to interfere in this case since it is already decided by the Hon'ble High Court.

Hence the petition dismissed. No cost is ordered against the complainant.

Pronounced in the Open Forum on this the 18^th day of March, 2010

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT) Sd/-

I agree SMT.SHEELA JACOB(MEMBER)

Sd/-

I agree SMT.BINDU SOMAN(MEMBER)

APPENDIX

Nil