Decided on May 28,2008

Feroza Bee Respondents


- (1.) AGGRIEVED by the order in C.D. No. 43/2005 on the file of the District Consumer Forum, Kurnool, the opposite parties preferred this appeal.
(2.) THE brief facts as set out in the complaint are that the husband of the first complainant while working as Beedi Worker died on 30.9.1997. The second opposite party issued Pension Payment Order PPO No. A.P./CDP/9942. Thereafter, the first complainant was getting widow pension since 1.10.1997. As per the Employees Pension Scheme, 1995. "Two children of the deceased member shall be entitled to children pension up to the age of 25 years in addition to pension to widow/widower". Accordingly, after the death of the member, Pension Payment Orders were issued by the second opposite party which clearly shows the ages of the family members. Thereafter, the second opposite party did not sanction the children pension on the ground that "the date of birth certificates of the children below the age of 25 years are required." The complainants submits that only after accepting the ages of the family members, the second opposite party issued Pension Payment Orders and even after instructions by the first opposite party on 9.11.2004 to sanction the children pension, the second opposite party did not take any action. Hence, the complaint seeking direction to the opposite parties to grant monthly member pension regularly at the rate of Rs. 150 per month to each child, to grant a sum of Rs. 26,700 as pension arrears after the death of member, i.e. from 1.10.1997 till the month of March, 2005 and to grant a sum of Rs. 10,000 towards compensation.
(3.) THE second opposite party filed its written version which was adopted by the first opposite party. The second opposite party in their written version submitted that the first complainant's husband was a member under EPF and MP Act, 1952 by virtue of his employment in M/s. Syed Aslam and Brothers, Kurnool w.e.f. 1.9.1995. They admit that the said D. Shabbeer Ahammed died on 30.9.1997. The first complainant herein who is the wife of late D. Shabbeer Ahammed is eligible for monthly pension under para 16 of E.P.S. Scheme, 1995 with effect from 1.10.1997 onwards and accordingly Smt. Firoza Bee has been sanctioned monthly widow pension w.e.f., 1.10.1997 vide Pension Payment Orders No. CP/9942 and as per 16(3) of E.P.S. 1995 the children pension is admissible to the children below 25 years, shall be admissible to the maximum of two children. The second opposite party denies in their affidavit that they accepted the date of birth of children and contends that the date of birth certificate of the children are compulsorily required in order to determine the eligibility and cessation of pension on the completion of 25 years of each child and to get the eligibility to the surviving at all. The complainant has furnished only the age in column No. 12 of form No. 10D and submitted the date of birth certificates for three children, i.e. Rizwana, Abdulla and Fathima only out of seven children along with form No. 10D. In order to issue the pension payment order, their office has assumed dates of birth as per the age furnished in form No. 10D. Since the said authenticated certificates of date of birth of minor children has not been filed as such there is no default on the part of the second opposite party in calling for the said date of birth certificates and hence there is no deficiency in service on their behalf and seeks the dismissal of the complaint. The District Forum, based on the evidence adduced, i.e. Exs. A1 to A4 and Ex. B1 allowed the complaint directing the opposite party Nos. 1 and 2 jointly and severally liable to pay monthly member pension regularly at the rate of Rs. 150 per month to each of the complainants, i.e. 2 and 3, to pay pension arrears of Rs. 26,700 to the said complainants 2 and 3 after the date of death of the member, i.e. from 1.10.1997 till the month of March 2005 with interest at 9% per annum, to pay a sum of Rs. 4,000 towards compensation and Rs. 1,000 towards costs. Time for compliance was granted one month failing which interest shall be paid with 12% p.a.;

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