REGIONAL PROVIDENT FUND COMMISSIONER Vs. SARADHA

JUDGEMENT

(1.) THE application filed by the 1st respondent herein through her erstwhile employer in Forum No. 10 -D for sanctioning her pension under the Employees Family Pension Scheme, 1995 (for short the scheme, 1995) was returned by the appellant herein and the ground for returning that application filed was that the date of birth of the complainant entered in the declaration in Form No. 2 is 10.10.1928 and she had attained the age of 60 years on 10.10.1988. As she attained 60 years on 10.10.1988 she was not entitled to the pensionary benefits under scheme, 1995.

(2.) ASSAILING the rejection of her application for sanctioning her pension by the appellant the complainant approached for redressal of her grievance the Consumer Disputes Redressal Forum, Kollam by filing O.P. 579/2000. It was alleged in the complaint that she had completed 60 years in the year 1995 and her service was terminated by her employer (first opposite party in the complaint) on 31.12.1995. She was a member of the Employees Provident Fund Scheme and she is entitled to monthly pension under the Family Pension Scheme, 1995. According to her, causing of hardship to her by refusing to grant pension amounted to deficiency in service.

(3.) APPELLANT herein is aggrieved by the order passed by the Consumer Disputes Redressal Forum, Kollam in the O.P. whereby that Forum directed the appellant to release the pensionary benefits from the eligible date with 12% interest to the complainant and the appellant was also directed to pay Rs. 1,000 as compensation and costs. Further direction given by the forum below is that the order under attack is to be complied within one month from the date of receipt of that order.