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13/04/2010

PENSION CASES CANNOT BE DELAYED, If delayed, pay compensation for it, pay for the mental agony and stress

PENSION CASES CANNOT BE DELAYED

If delayed, pay compensation for it, pay for the mental agony and stress
Udupi District (Karnataka) Consumer Disputes Redressal Forum
[Case Nos. CC 134/2009 and CC 138/2009.]
Judgment delivered on 22*3*2010.

Case history:
BSNL Corporate office issued orders on 29*5*2008 for merger of DA in pay of employees with effect from 1*1*2007. Those who retired on or after 1*1*2007 should get its benefit in pension also. BSNL authorities at Udupi and Mangalore as well as the CCA office at Bangalore took their own time to merge DA and revise the pension. Udupi District P&T Pensioners’ Association took up the matter, wrote many letters. But authorities did not care. Finally, 13 BSNL pensioners and 6 family pensioners approached the Consumer Forum on 2*11* 2009 against the delay and seeking compensation. Shri George Samuel, Secretary of Udupi District P&T Pensioners’ Association is the first complainant in both the cases. When the authorities came to know about the cases they woke up and merged the DA in pay of the complainants and revised their pension accordingly. But the case continued.
The Consumers’ Disputes Redressal Forum considered the following aspects:
1. Whether the pensioners are consumers? The Forum decided Yes.
2. Whether the delay in merging DA in the cases amounts to deficiency in service? Forum declared Yes. The delay can not be condoned.
3. Whether the complainants are entitled to reliefs? Forum said Yes. After hearing the arguments of complainants and the Opposite Parties (CGMT Karnataka, CCA Karnataka Circle, PGMT Mangalore and Area Manager at Udupi) the Forum passed the following order:
“The complaints are allowed. The Opposite Parties are directed to pay to the Complainants in both complaints, interest @ 9% since and after 11712008 till date of payment of the claim amounts (since paid) along with Rs 2000/1 each Complainant in both the cases as compensation (except the complainant No. 1 in both cases) for mental agony and a consolidated amount of Rs 10000 each towards cost of proceedings in each complaint. The Opposite Parties shall pay the above amounts within a month from the date of this order. The OPs shall pay 2 the above amounts to the Complainants and may recover the same from the employees who are responsible for delay in releasing the revised Pensionary benefits:”
Source: RREWA

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PME Due Date

Master Circular No. 25



Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974



Subject: Implementation of the Recommendations of the Visual Sub-Committee.



6. Periodical re-examination of serving Railway Employees:



6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:



6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.



Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.



(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.



(b) Absence from duty for a period in excess of 90 days.



(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.



If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.




Ammendment: It was ammended in 1993 as below



Age Group PME Due



Age 00-45 every 4yrs



Age 45-55 every 2yrs



Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993

a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of

NRMU 4 you
SMLokhande





6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.