How to assail illegal superannuation before Federal Service Tribunal (FST) by filing an appeal U/S 4 of Service Tribunal Act, 1973 against the health department.

 

Appeal in FST

Purpose: Seek direction to the health department to count the service and fix monthly pension alongwith other pensionary benefits.

Forum: Federal Service Tribunal

Parties/title: Employee      Vs            Department

Subject:  APPEAL U/S 4 OF SERVICE TRIBUNAL ACT, 1973 AGAINST RETIREMENT OF THE APPELLANT AFTER ATTAINING THE AGE OF SUPERANNUATION WITHOUT ANY PENSIONERY BENEFIT

Respectfully Sheweth:-

That the appellant appointed as “Lady Heath Worker” in basic Health Markaz xyz vide letter No. 15 dated 30.04.1995. The appellant joined the service on 15.06.1995 and since then, the appellant is in service without any break.

That the appellant performed her duties as per the satisfaction of her superior and department with full zeal and zest. The appellant always showed her dedication, deviation, and sincerity towards the department.

That the appellant’s service was regularized in the year 2013 and the service of the appellant is counted from 09.07.1995. The department did not count/included the training period of the appellant in her service, which started from 15.06.1995.

That on 03.04.2019, the appellant attained the age of superannuation and retired from the department. Now, the department/respondent No. 2 informed that the appellant is not entitled to any monthly pensionary benefit. The appellant was shocked to know that department/respondent No.2 retired the appellant without any monthly pension benefit and illegally and unlawfully counted the service of the appellant from the year 2013 instead of her date of initial appointment i.e. 15.06.1996.

That the department/respondents is legally and morally bound to count the service of the appellant from the date of her appointment i.e. 15.06.1995 and the total service of the appellant is 23 years, 9 months, and 18 days, therefore, the appellant is entitled to get a monthly pension.

That it is a settled principle of law that while counting the length of service for a pension benefit, the contract /daily wages/temporary service shall be counted but in the instant case, the department with malafide intention and ulterior motives deprived the appellant of the benefit of monthly pension which is not only illegal and unlawful, based on discrimination but also against the lawful rights of the appellant.

That as the appellant spent her whole life for the department and she left no stone unturned in providing the services and now she attained the age of retirement, she is entitled to pension benefits including monthly pension etc for the survival of her remaining life, as the appellant has no other source of income.             

That the appellant filed a departmental appeal through proper channel before respondent No. 2 on 29.04.2019 which was forwarded vide dairy No.1801 dated 02.05.2019, after retirement dated 03.04.2019 but the respondents did not bother to decide the same without any cogent reason or lawful justification.

PRAYER:

It is, therefore, most respectfully prayed that instant appeal may kindly be accepted and the respondents may graciously be directed to count the service of the appellant from 15.06.1995 and monthly pension alongwith other pensionary benefits may magnanimously be awarded to the appellant, in the interest of justice.

Any other relief that this Hon’ble Tribunal deems fit and proper may also be granted to the appellant in the interest of justice.

Appellant               Through                 Counsel

Certificate:

It is certified that as per information received by the appellant this is 1^st appeal ever moved before this Hon’ble Tribunal.

Counsel