Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2013 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (7) TMI 988 - SC - Indian LawsConsumer Protection Act, 1986 - Entitlement for payment of gratuity or GPF or any of his retiral benefits of Government Servant - The appellant joined Health Department, of the respondent State, as Medical Officer and took voluntary retirement. Appellant claimed that he had not been paid all his retiral benefits, and penal rent for the said period had also been deducted from his dues of retiral benefits without giving any show cause notice to him. Appellant made various representations, however, he was not granted any relief by the State authorities. Aggrieved, the appellant preferred a complaint before the District Consumer Disputes Redressal Forum. Whether government servant fall under the definition of a “consumer” as defined under Section 2(1)(d)(ii) of the Act - HELD THAT:- it is evident that by no stretch of imagination a government servant can raise any dispute regarding his service conditions or for payment of gratuity or GPF or any of his retiral benefits before any of the Forum under the Act. The government servant does not fall under the definition of a “consumer” as defined under Section 2(1)(d)(ii) of the Act. Such government servant is entitled to claim his retiral benefits strictly in accordance with his service conditions and regulations or statutory rules framed for that purpose. The appropriate forum, for redressal of any his grievance, may be the State Administrative Tribunal, if any, or Civil Court but certainly not a Forum under the Act. Therefore, Shri Narendra Hooda, learned Senior AAG, Haryana has made a statement that All the dues for which the appellant had been entitled to had already been paid and the penal rent has also been dispensed with and the State is not going to charge any penal rent. If the State has already charged the penal rent, it will be refunded to the appellant within a period of two months. The Appeal stands disposed of.
|