REGIONAL PROVIDENT FUND COMMISSIONER vs Shankar U Damke

THIS is a pension case. The complaint was filed by Sh.Shankar U. Damke. He worked for 13 years'', from 1988 to 2001. He retired on 25.11.2001. At the time of retirement, his salary was Rs.3,122/ -. He submitted his pension papers to M/s. Dinshaw Foods Diary Ltd., OP1. The complainant opted for computation of pension and submitted Form 10 -D. His pension was fixed at Rs.176/ -. The complainant filed a complaint before the District Forum where he claimed pension in the sum of Rs.763/ - and he claimed arrears, with interest @ 12% p.a., Rs.7,000/ - for physical harassment and Rs.5,000/ - towards costs of proceedings.

REGIONAL Provident Fund Commissioner, OP2, contested this case. The District Forum directed the OP2 to fix the pension at Rs.614/ - from 24.10.2001 and also to pay arrears, with interest @ 9% p.a., along with compensation in the sum of Rs.5,000/ -.

THE Regional Provident Fund Commissioner, OP2, preferred an appeal before the State Commission. The State Commission modified the order and directed the OP2 to fix the pension at Rs.424/ - p.m., from the date of sanction of the pension. Rest of the order remained intact. We have heard counsel for the petitioner/OP2. Respondent/ complainant appeared once and thereafter he did not appear.

THE State Commission, in its judgment, observed as under, at para Nos. 8 and 9, as under : - "8. The Forum below also wrongly calculated the total pension payable Rs.763/ - of which Rs.438/ - for the services rendered and Rs.335/ - for the past service rendered. Actually, the complainant is eligible to get proportionate amount of Rs.135/ - only for the past service rendered instead of Rs.35/ -. The deduction for the commutation of pension and return of capital also to be deducted from this Rs.438/ -. Hence, taking Rs.335/ - for the past service rendered has to be reduced to Rs.135/ -, accordingly pension payable to be determined.

For easy understanding, the calculation has been given in the tabular form, as below: JUDGEMENT_37_LAWS(NCD)5_2015.htm

THE above said view appears to be not legally tenable. We have perused Section 12(4) of the Employees'' Pension Scheme, 1995, which runs as follows : - "In the case of an existing member and in respect of whom the date of commencement of pension is between the 16th November, 2000 and the 16th November, 2005 i) superannuation or early pension shall be equal to the aggregate of : - a) pension as determined under sub -paragraph (2) for the period of service rendered from the 16th November, 1995 or Rs.438/ - per month, whichever is more; b) past service pension as provided in sub -paragraph (3). ii) The aggregate of (a) and (b) calculated as above shall be subject to 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".

ACCORDING to this, the complainant is entitled to a pension of Rs.325/ - per month. Consequently, we set aside the orders passed by the fora below and dismiss the complaint. There shall be no order as to costs.