Complaint filed on 11.05.2011
Compliant disposed on 13.03.2015
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::AT:: KARIMNAGAR, TELANGANA STATE
PRESENT: HON'BLE SRI B.SURESH, B.A., LL.M., Ist ADDL. DIST. &
SESSIONS JUDGE AND PRESIDENT (FAC)
AND
SRI G.SREENIVAS RAO, M.Sc.,B.Ed.,LL.B., PGADR (NALSAR), MEMBER
FRIDAY, THE 13TH DAY OF MARCH,
TWO THOUSAND FIFTEEN
CONSUMER COMPLAINT NO.90 OF 2011
Between:-
T.Prakash Rao S/o. Ramachandram, Age 63 years, Occu: Retd. Asst. Director R/o. H.No.3-2-49, Puranipet, Jagitial Proper, – 505 327, Karimnagar Dist.
... Complainant
AND
- The District Medical & Health Officer, Karimnagar Proper and District, District. Karimnagar (A.P.).
- The Superintendent (Establishment), O/o. District Medical & Health Officer’s office, Karimnagar Proper and Dist. (A.P.)
… Opposite Party
This complaint is coming up before us for hearing on 28-01-2015, in the presence of Sri M.Mahendar Advocate for complainant, Government Pleader for opposite parties and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
::O R D E R::
The complaint is filed U/s.12 of C.P.Act, 1986 against the opposite parties to direct the opposite parties no.1 & 2 to pay Rs.1,00,000/- as compensation towards metnal agony & treatment and incurred in perusing his case with them.
The brief averments of the complaint are:
1. a) The complainant stated that he was initially appointed as Typist in the Medical and Health Department of State Government w.e.f.31.5.1967 and he was awarded Selection Grade by the opposite party no.1 in his proceedings Dt: 05.07.1992. Later on he was promoted as Administrative Officer and posted to DMHO at Warangal and further promoted as Asst. Director (Admn.) and posted at District Coordinator, DCHS, Karimnagar vide proceedings Dt: 30.12.2005. Thereafter he had retired due to superannuation pension on 31.12.2005. The complainant further submits that his special pay of Rs.15/- was not clubbed with the basic pay for fixation of pay in his previous “Senior Assistant” cadre as on 05.06.1978. As such, his pay was fixed less. The complainant on his retirement had known the defect committed by the opposite parties and reported the matter to District Coordinator, Karimnagar on 28.12.2006. The said representation has been forwarded duly recommending, to DM & HO, Karimnagar vide letter Dt: 02.02.2007. The said DM & HO, Karimnagar returned the proposal after long period of 11 months time, to District Coordinator, DCHS, Karimnagar vide his letter Dt: 08.10.2007 intimating that the complainant’s representation has been negative by showing the non-related G.O.Ms.No.341 Dt: 27.12.1996. The complainant has submitted another representation on 22.11.2007 duly enclosing G.O.Ms.No.190 Dt: 24.8.1998 that his claim is genuine and in accordance with it, but not as per G.O.Ms.No.341 Dt: 27.12.1996. The DM & HO again intentionally returned the proposal to the District Coordinator, DCHS, Karimnagar to consider the case at his level vide proceedings Dt: 01.01.2008. The District Coordinator again sent back the proposal to DM & HO, Karimnagar stating that the case of the complainant has to be considered at his jurisdiction level.
b) The complainant vehemently submits that the DM & HO without taking any action and not utilizing his power as per rules, with delayed tactics and malafide intention unnecessarily referred his case to DM & HO, Warangal vide his letter Dt: 05.06.2008. But as per G.O.Ms.No.27 Dt: 17.01.1978 the DM & HO himself is the competent authority, but due to misguidance by the concerned Superintendent of his department he could not do justice.
c) Finally after a great struggle and difficulty the fixation of pay and promotion as AD has been fixed as per the direction of DM & HO, Warangal by the District Coordinator of Hospital Services, Karimnagar vide his letter Dt: 27.10.2010. He also submits that the DM & HO, Warangal has paid the arrears on fixing the revised pay in the appropriate scale vide letter Dt: 03.10.2010. Due to unnecessary correspondence and shuttling of file from one place to other, he had mentally suffered a lot and money has been spent in perusing his case for conveyance, lodging and boarding in addition to treatment of his health. Hence, the opposite parties are liable to pay Rs.1,00,000/- for the mental agony and monitory loss. In this regard he had sent a letter to the opposite party no.1 on 08.11.2010. At the end the complainant stated that he suspects one Mr.S.Bheemaiah Office Superintendent during the above period who was responsible in misguiding the then DM & HO, as a result of which he suffered five long years. Therefore, the complainant submits that the acts of opposite party no.1 & 2 caused deficiency in service, for which he is entitled for redressal before this Forum to claim the compensation from them.
2. The opposite party no.1 filed his written version which has been adopted by the opposite party no.2.
(i) The opposite party submits that the complainant worked as a Govt. Employee of A.P.Govt. and retired on 31.12.2005 A.N. as Assistant Director (Admn) of O/o. the DHCS, Karimnagar on superannuation. The complainant does not come under the definition of “Consumer” within the meaning as defined under Sec 2(1) (d) (i) (ii) of the C.P.Act, 1986. As a retired Govt. Employee, he can seek redressal of grievance in the Pensioner Permanent Adalat at Hyderabad, which is set up for looking into such cases of grievance or short payments in respect of retired Govt. Employees. The very filling of a complaint in the District Forum is thus vitiated and void-ab-initio and as such liable to be rejected in limini, under Sec 12 (3) of the C.P.Act,1986.
(ii) In fact the matter was never delayed unduly from the date of filing of his first application Dt: 28.12.2006 and action was taken to settle the matter in right earnest. The complainant has also misrepresented the fact that delay of 5 years has occurred and claimed compensation of Rs.1,00,000/- (Rupees one lakh only) as flimsy ground on the plea of “Deficiency of Service”. Actually, the settlement of arrear claim of the complainant took a time of three years, 8 months and 24 days from 28.12.2006 to 21.09.2010, since the matter pertained to three different offices viz. O/o. the Dist.Medical & Health Officer, Karimnagar, O/o. DCHS, Karimnagar and the O/o. the DM & HO, Warangal with reference to the working period of the individual/complainant in different cadres viz: Typist, Senior Assistant, Administrative Officer and Assistant Director (Admn). Except enclosing copies of documents of correspondence etc; the complainant failed to produce valid documentary evidence in support of his contention of damage of health and purchasing of medicines and travelling expenses incurred for moving to and from Jagtial – Karimnagar, Hyderabad and Warangal. No certificate of attendance obtained from the above offices and bills of payment of lodging and boarding charges, if any, have been filed with the complaint. Thus it is clear that by way of submission of applications from time to time without actually performing any journey he preferred false claim under the plea of “deficiency of service”, which is bad in law and not tenable and as such liable to be rejected.
(iii) The real facts of service and financial benefits of the complainant are explained here-in below in a combined manner:-
i. Date of Birth : 07.12.1947
ii Date of appointment as Typist :31.05.1967
iii Office in which worked : O/o.DM &HO, Karimnagar From 31.05.1967 to
04.06.1978
iv Date of promotion : 06.06.1978
v Offices in which worked as i. RWFPC Illanthakunta From 5.6.1978 to
Senior Assistant 12.6.1982
ii. RFWPC Raikal From 05.05.1982 to
12.06.1985
iii. RFWPC Mallial From 13.06.1985 to
10.11.1992
iv. MPHC Sarangapur From 11.11.1992 to
31.12.1999
vi Date of promotion as Office 07.01.2000 (Transit from
Superintendent 01.01.2000 to 6.1.2000)
Vii Office in which worked as Office D.M.O. Adilabad NMEP From7.1.2000 to
Superintendent Unit Hqr. Utnoor 22.11.2002
Viii Date of Promotion as 29.11.2002
Administrative Officer
Ix Office in which worked as DM & HO, Warangal From 29.11.2002 to
Administrative Officer 30.12.2005
x Date of promotion as Assistant 31.12.2005
Director (Admn)
Xi Office in which worked as DCHS, Karimnagar for
Administrative Officer one day 31.12.2005
Xii Date of retirement on 31.12.2005 A.N
Superannuation
(iv) As per the standing instruction of Govt., every Government Servant is expected to verify his service register once in a year and to satisfy himself about the accuracy of the entries recorded there. Moreover, he was in-charge of key posts such as Senior Assistant, Officer Superintendent and Administrative Officer and he ought to have checked up the wanting, if any, in his service matters and put in representations promptly while he was in service. It is thus established beyond any reasonable doubt that he was lethargic about his own service matters and nor after a long lapse of one year after retirement he has come up with a representation for rectification of pay fixation in the cadre of Typist and subsequent cadres leisurely throwing the blame on the Respondent no.1 & 2.
(v) The delay alleged to have been occurred in the matter is quite unintentional and the same is due to administrative reasons, the details of action taken in the matter.
(vi) That in pursuance of the refixation of pay done by the D.C. of DCHS, Karimnagar as above, the complainant has also been sanctioned revised pensionary benefits by the AG., AP, Hyderabad vide letter no.P.15/II/A4186, Dt: 14.03.2011 (copy enclosed) and the admissible gratuity and commutation value have also been released.
(vii) The delay of three years and above occurred in the matter is quite unintentional and due to administrative reasons only. The complainant was paid the entire admissable arrears on 21.09.2010 by the District Medical & Health Office, Karimnagar. As he has also been drawing revised pension after re-fixation, his case stands finally settled. As the complainant failed to submit valid documentary evidence about the compensation of Rs.1,00,000/- (Rupees one lakh only), his claim for payment of compensation is vitiated.
3. Both the parties led evidence and the complainant’s side were marked as Ex.A1 to A18 and the opposite party no.1 filed only affidavit without any documentary proof. Heard both.
Now, the point for consideration is whether there is any deficiency of service on the part of opposite parties? If so? To what relief the complainant is entitled?
POINT:
4. This is the case of an employee/complainant who retired as Asst. Director (Admn) from the office of Dist.Medical & Health, Karimnagar under the Dist. Coordinator, DCHS, APVVP, Karimnagar on 31.12.2005.
5. The complainant was initially employed as Typist on 31.05.1967, subsequently he was awarded selection grade pay in the year 1992 vide Ex.A1 subsequently in terms of G.O.Ms.No.27 Dt: 17.01.1978 he was entitled for cadre basic pay + special pay at the time of fixing the pay on his promotion. Instead, he could not avail it due to misguidance and incorrect procedure adopted by the then Superintendent of the Department of DM & HO.
6. On knowing the injustice done in his pay fixation he/the complainant started his correspondence from the level of Dist. Coordinator Hospital, Karimnagar, and office concerned at Warangal, Hyderabad and back to Karimnagar.
7. However the opposite party no.1 admitted that the settlement of arrears claim took a time for 3 yrs 8 months & 24 days from 28.12.2006 (Ex.A1) to 21.09.2010 (Ex.A13). Since the matter pertained to three different offices and also admitted that the alleged delay to have been occurred was quite unintentional and the same was due to administrative reasons. Further, the opposite party also emphasized on the “Pensioner Permanent Adalat” at Hyderabad which is set up for looking into such cases of grievances or short payments in respect of retired Government employees and finally averred that the complainant is not a consumer as per the provisions of C.P.Act.
8. The learned counsel for the complainant had filed the judgment of Hon’ble National Commission in RP No.2858 of 2013 Dt: 01.10.2013 reported in 2013(4) CPR 22 (NC) wherein it was held that “pensioner is a consumer”. Now it is well settled law that the pensioner can also approach the Consumer Fora. The Sec (3) of the C.P.Act, emphasis that it is in addition to other laws and not in derogation of other laws in force. Ofcourse, it is agreed that the complainant had not filed any documentary evidence with regard to the alleged treatment due to the ill-health caused as a result of pursuation of his.
9. In our considered view, a retired government employee should not be made to suffer in punishing the lapses committed by the Government staff particularly at superintendent level. Already the complainant ought to have been fixed in revised scale on promotion to Sr.Asst. Grade way back in the year 1978 itself. The legitimate right of the employee for the arrears since 1978 were released (Ex.A13) in the revised pay fixation in the year 2010 amounts to 32 long years which can be treated as inordinate delay & suffering to the government employee whether in service or retired. However the opposite party no.1 & 2 are responsible for the deficiency in service and the department is liable to compensate the retired employee/complainant. The point is answered in favour of the complainant.
10. In the result, the complaint is allowed and the opposite party no.1 & 2 jointly and severally directed to pay Rs.50,000/- as compensation in pursuing the case for the mental agony and inordinate delay and Rs.5,000/- towards costs. Time for compliance is 4 weeks.
Dictated to Stenographer and transcribed by her, and after correction the orders pronounced by us in the open court this the 13th day of March, 2015.
Sd/- Sd/-
MEMBER PRESIDENT(FAC)
NO ORAL EVIDENCE HAS BEEN ADDUCED ON EITHER SIDE
FOR COMPLAINANT:
- Ex.A1 is the photo copy of Revised S.G. Order in Typist Cadre Dt: 05.07.1992 issued by DM & HO, Karimnagar (2 sheets).
- Ex.A2 is the photo copy of proceedings issued by Director of Higher Education, A.P. in respect of fixation of pay on promotion to a Higher Post Dt: 24.01.1978.
- Ex.A3 is the photo copy of representation submitted by the complainant to Dist. Coordinator, D.C.H., Karimnagar Dt: 28.12.2006.
- Ex.A4 is the photo copy of letter from Dist. Coordinator of HS, Karimnagar addressed to the Dist. Medical & Health Officer, Karimnagar Dt: 02.02.2007 (Refixation of pay in Sr.Asst.cadre).
- Ex.A5 is the photo copy of proceedings issued by the Dist. Medical & Health Officer, Karimnagar regarding Pay Protection Dt: 08.10.2007 issued to complainant.
- Ex.A6 is the photo copy of Abstract issued by Government of A.P. in respect of Fixation of Pay on promotion which carries special pay G.O.Ms.No.341 Dt: 27.12.1996 and G.O.Ms.No.27 Dt: 17.01.1978.
- Ex.A7 is the photo copy of representation submitted by the complainant to the District Medical & Health Officer, Karimnagar Dt: 22.11.2007 (for fixation of pay on promotion).
- Ex.A8 is the photo copy of Principles of Pay Fixation G.O.Ms.No.190 Dt: 24.08.1998.
- Ex.A9 is the photo copy of letter from Dist. Medical and Health Officer, Karimnagar addressed to the Director of Health, A.P.Hyderabad Dt: 05.03.2008 (Refixation of pay in Sr.Asst. Cadre).
- Ex.A10 is the photo copy of letter from Director of Health, A.P., Hyderabad addressed to the District Medical and Health Officer, Karimnagar Dt: 11.04.1978 (Service Register returned).
- Ex.A11 is the photo copy of letter from Dist. Medical & Health Officer, Karimnagar addressed to the Dist. Coordinator, Hospital Services, Karimnagar Dt: 01.01.2008 (Refixation of pay).
- Ex.A12 is the photo copy of letter from Dist. Medical & Health Officer, Karimnagar addressed to the District Medical and Health Officer, Warangal Dt: 05.06.2008 (Refixation of pay in Sr.Asst. Cadre).
- Ex.A13 is the attested true copy of letter from Dist. Medical & Health Officer, Warangal addressed to the complainant in respect of sending of Demand Draft for arrears amount of Rs.1,18,1979/- Dt: 03.10.2010.
- Ex.A14 is the photo copy of Demand Draft for Rs.1,18,979/- Dt: 21.09.2010 issued by SBH, Karimnagar (Code No.2/0882).
- Ex.A15 is the photo copy of letter from Dist. Medical & Health Officer, Warangal addressed to the Dist. Coordinator, D.C.H.S, Karimnagar Dt:24.09.2010.
- Ex.A16 is the original proceedings from the Dist. Coordinator, D.C.H.S, Karimnagar in respect of Fixation of Pay, sent to complainant Dt: 27.10.2010.
- Ex.A17 is the duplicate copy of Professional Courier Receipt Dt: 8/11.
- Ex.A18 is the photo copy of representation submitted by the complainant to Dist. Medical & Health Officer, Karimnagar Dt: 08.11.2010.
FOR OPPOSITE PARTY: - Nil-
Sd/- Sd/-
MEMBER PRESIDENT(FAC)
