NEELAM RANI V. INDIAN AUDIT AND ACCOUNTS DEPARTMENT
It has been often seen that the common people of the nation face problems due to the lack of proper administrative machinery. Under the rules of pension framed by the Government of Punjab, the daughter of a pensioner is entitled to family pension till she does not marry and has no source of livelihood.
In this case of Neelam Rani V. Indian Audit and Accounts Department, the facts are that deceased father of the complainant; Sh. Ram Rattan was a driver OP-2 and has expired on 31-10-1991. The mother of the complainant and wife of the deceased Smt. Saroj Bala predeceased him on 9-02-1989. The case was moved for transfer of family pension of her father in her name but it was not processed as income certificates was insisted upon i.e. of SDM etc. while the revenue officer, UT, Chandigarh had declined to give certificate as the same is issued for admission under EWS Category in the educational institutes and the officer advised Punjab Roadways to take self-certification undertaking which she had allegedly furnished.
The complainant filed a complaint in the consumer court praying for the relief to process the matter by grant of pension besides other relief and compensation such as cost of litigation etc.
The court held that as the matter was a service matter hence the court did not have the jurisdiction to decide the case as the case was outside the ambit of Consumer Protection Act, 1986. Nonetheless, Court reiterated the fact that the rules held that Neelam was the unmarried daughter of the deceased and hence should be given the pension. Court submitted the matter to the finance department of Punjab for further clarification.
Court also asked the Punjab Roadways to accept the self-certification affidavit and if the authority had any suspicion they can always get it verified. Court binded the authorities to complete the entire proceedings within a time span of 3 months from the date of order. An amount of Rs. 10,000 was also ordered by the court to be given by the defendant to the complainant as the cost of litigation as well as compensation for mental duress.
For case specific advice related to pension issues or income certificate one can connect with top/best District Consumer Forum or State Consumer Commission (Punjab Chandigarh Haryana) Lawyer/Advocate practicing in Tricity who could give your necessary free legal advice on consumer matters.
This post is written by Abhay Tripathi. For more info, dial 99888-17966