//ORDERS//
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, actual service, pension as per formula and but there was a dispute on, past service, past service benefits, and total pension of the DHR.
2. According the DHR & the JDR, the date of joined the EPF 1971 was 01-03-1980 admitted facts, not disputed, According to the DHR, past service of the DHR was 15 years, 08months & 14 days whereas according to the JDR it was 15 years. The DHR calculated past service benefits (A) as Rs 325.00 by quoting minimum assured benefits Rs 325.00, where as the JDR calculated past service benefits as, 105X2.044= Rs 215.00, by taking table B factor; GSR 134 dated 28th February 1996, since the DHR retired from the service on 28-02-2009 by taking factor; 105, which is for the past service up to 15 years, & the factor 2.044 which is for pensionable service less than 08 years.
3. There is no dispute on pension as per formula (B), the DHR and JDR calculated as 6500X07+2 /70=Rs 836.00. Which is accepted since it’s as per EPS 1995, accordingly the total pension of the DHR A+B = Rs 215.00 + Rs 836.00 = Rs 701.00, according to the JDR.
4. While answering the DHR taken past service benefits (A) as Rs 325.00, The EPS 1995 Para 12 (4) (ii), stated as, The aggregate of (a) and (b) calculated as above shall be subject to a minimum of Rs. 600/- per month, provided the eligible service is 24 years. Provided further, if it is less than 24 years, the pension shall be proportionately less subject to the minimum of Rs. 325/- per month. But, in this case the aggregate of (A) & (B) i.e. past service benefits & pension as per formula is is more than Rs 600.00, hence the question of taking the Rs 325.00, as past service benefits doesn’t arises, hence the DHR calculation on past service benefits rejected.
5. As per the order dated: 18-01-2013 passed by this Commission in CC No 124/2012, the OP has to recalculate & re fix pension as per 12(4) R/W 10(2) of EPS 1995 by giving 2 years weightage, with 9 % 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.478/2013, before the Honourable State Consumer Commission Bangalore and the said appeal came to be disposed on 07-06-2013, by dismiss the appeal.
6. It’s clear that the JDR earlier fixed the pension of the DHR as Rs.577/- without giving two years weightage, after the order of this Commission, the JDR fixed the DHR total pension as, Rs.215.00 + Rs. 836.00 = Rs.701.00 (after deducting the commutation) by giving two years weightage. The JDR released the pension arrears of Rs.124/- per month from 15.02.2003 to 21.02.2014 i.e. for the period of 11 years, totalling Rs.16,368/- and interest of Rs.6018/- which tootling to Rs.22,386.00 on 21-02-2014, which was admitted by the DHR. Further the JDR released Rs 9637.00 to the DHR on 30-06-2020.Regarding cost of Rs.2,000.00, the DHR on 06-12-2013 received Rs 1000.00 through cheque No 004393 from this commission, which was transmitted from the Honourable KSCDRC Bangalore & balance cost of Rs 1000.00, the JDR on 13-01-2021, deposited Rs.10,00.00 in this commission, the DHR is directed to collect Rs 1000.00 from this commission by producing the necessary documents. By considering the above discussions, we are of the opinion that the JDR have complied the order of this Commission. Accordingly, we pass the following order,
:ORDER:
The E.P. filed by the DHR is closed as fully complied.
Furnish copy of this order to both parties are free of cost.
