22.02.2024.
//:ORDERS ON MEMO OF CALCULATION://
BY SMT.NIVEDITA RAVISH - MEMBER
We have heard the arguments on memo of calculation filed by the DHR and memo of compliance with calculation filed by the JDR.We have also gone through the orders passed in C.C.No.43/2013 dated:03.10.2013, order passed by Hon’ble State Consumer Commission, Bangalore in Appeal No.1538/2013 [common order in Appeal No.1536 to 1540/2013] dated:09.01.2017 and in Appeal No.1467/2017 dated:02.11.2022.
2. There is no dispute regarding 1) PPO Number of DHR, 2)Date of birth of DHR, 3)Date of joining of DHR to Employees’ Family Pension Scheme, 1971, 4)Pay of DHR as on 15.11.1995, 5)Pensionable salary of DHR,. But DHR and JDR have calculated differently regarding 1)Date of Exit of DHR, Period of Past Service of Dhr, 3)Period of present service of DHR, 4)benefit of present service of DHR, 4)benefit of past service of Dhr, 6)Aggregate monthly pension of Dhr, 6)payable arrears, interest to the Dhr.
3. The Dhr and Jdr have mentioned date of birth of Dhr as 05.08.1952 and Dhr has submitted that age of Dhr as on exit was 58 years. Hence, we have considered that date of exit of the Dhr is 04.08.2010. The Jdr has mentioned the date of cessation of membership of Dhr as 04.08.2010 in copy of Part-I of pension payment orders produced by the Dhr. Therefore, the period of present service of Dhr is calculated from 16.11.1995 to 04.08.2010 as 14 years 8 months 18 days which are calculated as 5368 days. The Jdr has mentioned that there is non contributory period of 7 days. Hence, by subtracting 7 NCP in 5368 days it has reached as 5361 days and same is calculated as 14.68 years and by adding 2 years of weightage to 14.68 years, it is worked out as 16.68 years. Therefore, the benefit of present service of Dhr is calculated as,
A = 6495 X 16.68 = Rs.1547.66 rounded-off to Rs.1548.00
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4. Further, the DHR joined Employees Family Pension Scheme, 1971, on 16.04.1984. Therefore, the period of past service of the Dhr is calculated from 16.04.1984 to 15.11.1995 as 11 years 6 months 29 days. Therefore, both Dhr and Jdr have taken as 105 as per Para 12(3) of Employees Pension Scheme 1995 [hereinafter called as EPS 1995]. Period between 16th November, 1995 and the date of exit of Dhr arrives as 14 years 8 months 18 days. The Dhr has exit from the membership of EPS 1995 on 04.08.2010, which is subsequent to amendment of EPS 1995 in 15.06.2007 and 10.06.2008. Therefore, Table ‘B’ factor should be taken as 3.052 which is for the less than 15 years and which is the Table ‘B’ factor after amendment of EPS 1995 on 10.06.2008. Therefore, the benefit of past service of the Dhr is calculated as B = 105 X 3.052 = Rs.320.46 = Rs.320.00. Therefore, aggregate monthly pension of DHR is calculated as A + B = Rs.1,548.00 + Rs.320.00 = Rs.1,868.00.
5. Counsel for the Dhr has submitted that the Jdr paid Rs.1,683.00 per month from the date of retirement and enhanced the monthly pension by revising as Rs.1,869.00. Therefore, the balance per month is calculated as Rs.1,869.00 (-) Rs.1,683.00 = Rs.186.00. Counsel for the Jdr has submitted that from October 2016 two years weightage is included in the monthly pension of Dhr. Annexure ‘E’/copy of the revised PPO of Dhr produced by the Dhr is reflecting that, PPO prepared on 06.10.2016. The Dhr has not produced any document to disprove that the Jdr has included two years weightage from October 2016. Therefore, the arrears is calculated from 04.08.2010 to September 2016 [73 years] as Rs.186.00 [balance per month] X 73 months = Rs.13,578.00. The counsel for the Jdr has submitted that the Jdr has calculated the arrears from August 2010 to May-2015 and paid Rs.12,831.00 vide the cheque No.914308 on 12.06.2015. As per order sheet of this execution application, the Dhr has received Rs.12,831.00 on 03.07.2015. Further, counsel for the Jdr submitted that the Jdr has paid Rs.2,000.00 vide cheque bearing No.854605 on 12.06.2015 and the Dhr received the same on 15.06.2015. Hence, it is considered that the Jdr paid totally Rs.14,831.00 in the month of June-2015 and there is no any remaining balance or due towards the arrears. In the order passed in C.C.No.43/2013, dated:03.10.2013, this Commission has directed the Jdr to pay the interest @ 9% p.a. from the date of complaint [i.e.26.03.2013] till realization and the Jdr has paid all arrears in the month of June 2015 itself. Therefore, the interest @ 9% p.a. is calculated from 26.03.2013 to May-2015 on arrears of Rs.13,578.00 and it is worked out as Rs.2,648-00. Further, in the order passed in C.C.No.43/2013 dated:03.10.2013, this Commission has directed to pay the cost of Rs.2,000.00 to the Dhr. Therefore, payable interest plus cost is calculated as Rs.2,648.00 + Rs.2,000.00 = Rs.4,648.00. The counsel for the Jdr has submitted that the Jdr has deposited Rs.3,977.00 vide cheque No.419602 dated:13.07.2017 and the Jdr has deposited an amount of Rs.1,000.00 before Hon’ble State Commission, Bangalore while preferring an appeal No.1538/2013. Order sheet of this execution petition dated:29.06.2019 reflecting that this Commission has received an amount of Rs.1,000.00 from the Hon’ble State commission on 31.05.2017. Further, order sheet dated:25.11.2017 of this execution application establishes that Dhr has received cheque No.419602 for Rs.3,998.00 on 09.08.2017. Therefore, it is confirmed that the Jdr has paid totally Rs.1,000.00 + 3,998.00 = Rs.4,998.00. Therefore, we have considered that the Jdr has revised the monthly pension of Dhr and paid all arrears, interest cost to Dhr as directed by this Commission on 03.10.2013 in the order passed in C.C.No.43/2013. Hence, it is considered that the execution application filed by the Dhr is liable to be dismissed as fully complied/satisfied. Accordingly, we pass the following:-
:O R D E R:
The Execution Application filed by the DHR is dismissed as fully complied/satisfied.
Furnish copy of order to both parties with free of costs.
