23.02.2024.

//:ORDERS://

BY SMT.NIVEDITA RAVISH  -  MEMBER

We have heard the arguments on memo of calculation filed by Lrs of Dhr dated:10.11.2023 and memo of compliance report filed by Jdr dated:11.01.2024.We have also gone through the order passed in C.C.No.149/2015[common order in CC No.147/2015to CC 158/2015) dated:30.11.2016 and order passed by Hon’ble State Consumer Commission, Bangalore, in Appeal No.720/2017 [common order in Appeal No.718/2017 to 729/2017] dated:14.08.2023.We have also perused the available documents in this execution application.

2)      There is no dispute regarding 1) PPO number of DHR, 2)Date of birth of Dhr, 3)date of exit of Dhr, 4) Pay of Dhr as on 15.11.1995, 5) Pensionable salary of the Dhr.  But the Dhr and Jdr have calculated differently regarding 1) date of joining of Dhr, 2)Period of Past Service of Dhr, 3)Period of present service of Dhr, 4)benefit of present service of Dhr, 5)benefit of past service of Dhr, 6)aggregate monthly pension of Dhr, 7)Payable arrears and interest to Dhr.

3)      The Dhr has exit from the membership of Employee’s Pension Scheme 1995 on 11.02.2012.  Therefore, the period of present service of Dhr is calculated from 16.11.195 to 11.02.2012 as 16 years, 2 months 25 days and same is calculated as 5925 days.  The Jdr has submitted that, 1 non contributory period (NCP) is there in the present service of the Dhr.  Hence, by subtracting 1 NCP day in 5925 days it is calculated as 5924 days which is worked out as 16.23 years.  When we added 2 years weightage, it is worked out as 18.23 years.  Therefore, the benefit of present service of the Dhr is calculated as   

A = 6,500 X 18.23 = Rs.1692.78 Rounded off to Rs.1,693.00

                 70

4)      Further, the Lrs of Dhr mentioned the joining date of Dhr to Employees Family Pension Scheme 1971 as 03.09.1980 and Jdr has mentioned as 01.10.1980.  By considering the both dates mentioned by Lrs of Dhr and Jdr up-to 15.11.1995, the period of past service of Dhr worked out as more than 15 years.  The pay of Dhr as on 15.11.1995 was mentioned as Rs.2,981.00 by both Dhr and Jdr, which is more than Rs.2,500-00.  Therefore, as per Para 12(3)(b) it should be taken 135.00 for calculation of benefit of past service of Dhr.  Further, the period from 16.11.1995 to 11.02.2012 (i.e. date of exit of Dhr) is worked out as 16 years 2 months 25 days and the Dhr has exit from membership of Employees’ Pension Scheme 1995 in the year 2012 which was the date after amendment of Employees’ Pension Scheme 1995 [hereinafter called as EPS 1995] in 15.06.2007 and 10.06.2008.  Therefore, Table ‘B’ factor should be taken as 3.560 which is for less than 17 years and which is the Table ‘B’ factor after amendment of EPS 1995 on 10.06.2008.  Therefore, the benefit of past service of Dhr is calculated as

B  = 135 X 3.560 = Rs.480.6, Rounded off to Rs.481.00

Therefore, aggregate monthly pension of Dhr is calculated as A + B = Rs.1,693.00 + Rs.481.00 = Rs.2,174.00.

5)      Further, counsel for the Lrs of Dhr has submitted that the Jdr has paid Rs.1,989.00 per month from the date of retirement.  Therefore, balance per month calculated as Rs.2,174.00 (-) Rs.1,989.00 = Rs.185.00.  Further, counsel for the Lrs of Dhr has submitted that the Dhr has died on 17.11.2016.  Further counsel for the Jdr has submitted that, the Jdr has revised monthly pension of Dhr as Rs.2,174.00 from January-2017 and paid the arrears and interest to the widow of the Dhr.  Further counsel for the Jdr submitted that, the Jdr has also giving widow pension of Rs.1,087.00 to the widow of the Dhr.  The copy of the pension payment details produced by the Jdr is establishes the same.  Therefore, we have calculated the arrears from 17.02.2012 to 17.11.2016 [56 months 18 days] for balance of Rs.185/- per month and it is worked out as Rs.10,463.00.  The Hon’ble State Consumer Commission, Bangalore has reduced the interest on payable arrears from 12% p.a. to 8.25% p.a. in its order dated:14.08.2023 in Appeal No.720/2017.  Therefore, interest @ 8.25% p.a. on Rs.10,463.00 from 11.02.2012 to 17.11.2016 is  calculated as Rs.4,064.00.  Further, this Commission has directed the Jdr to pay cost of Rs.2,000.00 to the Dhr.  Therefore, total arrears, interest and cost are calculated as

Rs.10,463.00

Rs.  4,064.00

Rs.  2,000.00

Rs.16,527.00       

6)      Further, counsel for the JDr has submitted that, Jdr has paid Rs.10,292.00 in the month of February 2017.  Further, counsel for the Jdr has submitted that, though the widow of Dhr is eligible for pension of Rs.1,087.00, the JDR has paid Rs.2,174.00 to the widow of the Dhr for the month of January 2017, February 2017, March 2017,  The copy of pension payment details produced by the Jdr has establishes the same.  Hence, it is considered that the Jdr paid extra Rs.1,087.00 for the month of January, February, March 2017.  Further, counsel for the Jdr submitted that, the Jdr paid Rs.1,975-00 in the month of October 2023 and deposited Rs.1,000.00 before Hon’ble State Consumer Commission while preferring an appeal No.720/2017.  Order sheet of this execution application reflecting that the same amount was received by this Commission on 06.09.2023.  The Jdr has produced the copy of the pension payment details to prove the above payments made by the Jdr to the Lrs of Dhr.  But the Lrs of Dhr has not produced any document to disprove the above payments made by the Jdr.  Hence, it is considered that, the Jdr has paid totally

Rs.10,292.00        [on February 2017]

Rs.1,087.00                   [on January 2017]

Rs.1,087.00                   [on February 2017]

Rs.1,087.00                   [on March 2017]

Rs.1,975.00                   [on October 2023]

Rs.1,000.00          [deposited amount before the Hon’ble State

Commission,  Bangalore]

Rs.16,528.00

Therefore, we have considered that, the Jdr has revised the monthly pension of Dhr and paid all arrears, interest and cost to the Lrs of Dhr as directed by this Commission on 30.11.2016 in the order passed in C.C.No.149/2015.  Hence, it is considered that the execution application filed by the Lrs of Dhr is liable to be dismissed as fully complied/satisfied.  Accordingly, we proceed to pass the following:-  

:O R D E R:

The Execution Application filed by the Lrs of the DHR is dismissed as fully complied/satisfied.

Furnish copy of order to both parties with free of costs.