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BY SRI.KUMARA .N - MEMBER

            On perusal of the memo of calculations filed by the JDR and the DHR, there was no dispute with respect to the Date of birth, date of joined EPF 1971, Date of Exit, Date of joining to EPS 1995, past service, actual service, pension as per formula and but there was a dispute on, past service benefits, and total pension of the DHR.

2.         According the DHR & the JDR , the past service was 24 years, 10 years respectively and the DHR calculated past service benefits (A) as Rs 800.00, by quoting subject to minimum of Rs 800.00, where as the JDR calculated past service benefits by taking Table B factors, 170 which is for past service beyond 20 years & 2.720, which is for pensionable / actual service less than 11 years, as, 170X2.720 = Rs 462.00.  While answering to the DHR taken past service benefits (A) as Rs 800.00, The EPS 1995 Para 12 (3), stated as,(ii) The aggregate of (a) and (b) calculated as above 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.

But, in this case the aggregate of (A) & (B) i.e. past service benefits & pension as per formula is Rs 472.00 + Rs 1114.00 = Rs 1576.00.which is more than Rs 800.00, hence the question of taking the Rs 800.00 as past service benefits doesn’t arises, hence the DHR calculation on past service benefits rejected and the JDR calculation i.e. 170X2.720= Rs 462.00, is accepted, which is as per EPS 1995.

3.         There is no dispute on pension as per formula (B), the DHR and JDR calculated as 6500X10+2 /70=Rs 1114.00. Which is accepted since it’s as per EPS 1995, accordingly the total pension of the DHR A+B = Rs 462.00 + Rs 1114.00 = Rs 1576.00.

4.         As per the order dated: 18-11-2016 passed by this Commission in CC No 97/2014, the OP has to recalculate & re fix pension by giving 2 years weightage, with 12 % interest on arrears and to pay cost of Rs 2000.00 to the complainant. Against the said order, the OP preferred an appeal in appeal No.1060/2016, before the Honourable State Consumer Commission Bangalore and the said appeal came to be disposed on 12-06-2019, by dismiss the appeal.

 5.        It’s clear that the JDR, earlier fixed the DHR pension without giving two years weightage, i.e.  total pension A+B as Rs 462.00 + Rs 929.00 = Rs 1391.00, and was paying to the DHR, but after the  order passed by this commission & the Honourable KSCDRC Bangalore, the JDR revised the pension of the DHR and re fixed to Rs.1576.00 (Rs.462/- + Rs.1114/-) on 27-08-2014, by giving two years weightage & released the two years weightage arrears of Rs.18809.00 to the DHR pension account.  Regarding cost of Rs 2000.00, Honourable KSCDRC Bangalore, on 13-03-2020 transmitted Rs 1000.00 to this commission, the DHR is directed to collect the Rs 1000.00 from this commission by producing necessary documents and the balance cost of Rs 1000.00 and 12% interest on pension arrears i.e. Rs 19126.00, the JDR handed over the cheques bearing No’s, 391408 & 391407 dated 31-10-2023to the DHR, which is acknowledged by the DHR. By considering the above discussions, we are of the opinion of the JDR is complied the order of this Commission.  Hence, this E.P. is liable to be closed.  Accordingly, we proceed to pass the following:-

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The Execution application filed by the DHR is dismissed.

Furnish copy of this order to both parties are free of cost.

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