ALOK GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. Siddharth Srivastava, Advocate, for the petitioner and Ms. Shobha Gupta, Advocate, for the respondents.

(2.) Above revision has been filed against the order of Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench Kota, dtd. 28/10/2021, passed in First Appeal No.88 of 2021 (arising from the order of District Consumer Disputes Redressal Forum, Kota, dtd. 31/3/2021 passed in CC/198/2016), whereby District Forum dismissed the complaint and State Commission dismissed the appeal.

(3.) Alok Gupta (the petitioner) filed CC/198/2016 for directing the respondents to pay (i) pension and gratuity, as per Service Rules; (ii) compounding interest @18% per annum, on the arrears of pension and gratuity; (iii) Rs.10000.00 as litigation costs; and (iv) any other relief, which is deemed fit and proper in the fact of the case. The complainant stated that Rajasthan State Electricity Board now Rajasthan Rajya Vidyut Prasaran Nigam (for short the Nigam) was a statutory corporation. The complainant was posted as 'Junior Engineer First (Mechanical) on 14/2/1990 at Rajasthan State Electricity Division, Kota and remained there till his promotion on 24/1/2004. After promotion, he was posted at Giral Lignite (Thermal Power Project), Badmer. The complainant gave a letter for resignation from service on 12/2/2007 w.e.f. 21/2/2007, due to personal reasons. Executive Engineer (Store), vide letter dtd. 13/2/2007, directed the complainant to handover charge to Vijay Singh Parihar, Junior Engineer before 21/2/2007. As Vijay Singh Parihar, Junior Engineer was on leave, Executive Engineer (Store) took charge on 20/2/2007. President and Managing Director, Rajasthan Rajya Vidyut Prasaran Nigam, Kota Zone accepted his resignation on 29/3/2007 w.e.f. 21/2/2007 and directed to deposit the salary for the period, which was short for the requisite notice period. The complainant deposited Rs.20068.00 on 19/9/2007 i.e. salary for the short period of notice. The complainant had completed 17 years continuous service and was entitled for pension under Rajasthan State Electricity Board Employee's Pension Regulation, 1988 as under Regulation-50 qualifying service period was 15 years, for pension. The complainant was entitled for gratuity under Rajasthan Rajya Vidyut Utpathan Nigam Limited Payment of Gratuity Rules, 1972 as under Rule-3, qualifying service period was 5 years, for gratuity. The complainant made oral request several time for sanction of his pension and gratuity, which were not accepted. The complainant then gave legal notice dtd. 5/11/2009 to the opposite parties for giving his gratuity and pension. The opposite parties replied the notice, vide notice dtd. 1/1/2010 stating that on resignation 'Leave Encashment' amount of Rs.102977.00 had been sanctioned on 4/2/2008 and GPF amount on 13/10/2009. Resignation entails forfeiture of pensionery benefits under Regulation-19 of Rajasthan State Electricity Board Employee's Pension Regulation, 1988 as such pension and gratuity were not payable. The pension was payable in every month as such it was continuous cause of action. On these allegations, the complaint was filed on 29/4/2016.