Organization of Professional Associations

Questions and answers

Anomaly in conversion of my pension to 1997 salary scale

Question: Director General Pensions by his letter dated 2007-09-19 to Divisional Secretary, Panadura, with copy to me, has informed him, that he has approved the removal of the anomaly referred by me. Thank you very much for helping me in this matter. Now Sir, it is the Divisional Secretary, Secretariat, Panadura, who has to take action to see that I am paid the correct pension due to me, by:-

(i) Correcting the anomaly in the conversion, considering 18 increments, instead of 15 increments.

Including the combined allowance of Rs. 280 a month, as stated in the circular. Please be good enough to take action to see that I am paid this amount with arrears.

- W.R.P. de Mel

Answer: We are happy to note that the Director General Pensions has taken action in your case and sent a letter to the Divisional Secretary, Panadura. Since the letter was sent on 19-09-2007, let us give about 4 to 6 weeks for the Divisional Secretary, Panadura to take action accordingly. If you have not heard from the Divisional Secretary by end October, please do not hesitate to contact the OPA for further assistance.

Recovery from Gratuity

Question: I shall be thankful if an answer is given in the “Daily News” “OPA at your service” page to the following Question:

Could you please let me know whether it is in order for a faculty of payment of salary made whiles in service as alleged by the employer to which the employee is not responsible being recovered by the employer without his consent with a view to rectifying the mistake at the time gratuity is paid to such employee under the provisions of the payment of Gratuity Act. No. 12 of 1983.

In this connection I wish to draw your kind attention to Section 13 of the said Act which reads as follows:

Forfeiture of Gratuity: “13. Any Workmen to whom a gratuity is payable under part 11 of this Act and whose services have been terminated for reasons of fraud, misappropriation of funds of the employer, willful damage to property of the employer, or causing the loss of goods, articles or property of the employer shall forfeit such gratuity to the extent of the damage or loss caused by him”.

- N.W. Goonasekera - Panadura

Answer: You refer to faulty payment which we understand is a salary increase paid to you erroneously. Since you were on extension of service usually you are not entitled to this salary increase but since your employer has made a mistake some one will be liable, if not you, to refund the amount paid by mistake.

However, the employer should have got your written consent without which they have no right what so ever to recover any such over payment of salary from your gratuity. You were not terminated for reasons of fraud or misappropriation as such they cannot recover or deduct this amount from your gratuity.

You shall take this matter up with the Asst. Commissioner of Labour at the Divisional Labour office where your employer is situated.

Budgetary Relief Allowance of 2005

Question: I am a Junior Executive attached to a private Company. I received an increment amounting to Rs. 650 in April 2006. No increments were granted during the years ended in 2004 and 2005.

The Budgetary Allowance although due on 1st August 2005 was paid with arrears in April 2006. In making the arrears payment the Rs. 650 increment granted in the same month was deducted and the arrears of allowance was calculated based on Rs. 350 being the balance of Rs. 1000.

The reason given by the Account for the reduction is that according to the Act “any worker who has received a salary increase during the month of October 2004 or thereafter, shall be entitled to the allowance taking into consideration the amount equal to the difference between Rs. 1,000 and the amount of salary increase granted after 1st October 2004”.

After October 2004 we received in an increment only in April 2006. Can someone interpret a term in the act “increase granted during the month of October 2004 or thereafter to mean an increment granted in April 2006.

The budgetary relief allowance became Law in October 2005, and the payment was to be made with effect from 1st August 2005. It is logical to deduct any increment granted between October 2004 and August 2005 from Rs. 1000 but there is no logic in deducting an increment granted in April 2006 in calculating the arrears of Budgetary Relief Allowance.

I shall be thankful to you if you could give us the correct interpretation of section 3(3) of the act with special reference to the term thereafter.

- R. Liyanasuriya - Wellawatta

Answer: You are correct, your employer can deduct from the budgetary relief allowance of Rs. 1000 per month, only any increments granted between October 2004 and October 2005. In April 2006 when your arrears of the budgetary relief allowance were paid they should have paid you at the rate of Rs. 1000 per month, based on your information that no increment was granted between October 2004 and October 2005.

Subsequently if they had by letter granted an increment of Rs. 650 from April 2006. They should pay this Rs. 650 in addition to the Rs. 1000 budgetary relief allowance. You can take this matter up with the Asst. Commissioner of Labour in the Divisional Labour Office where your employment is.

Additional Increments to Officers in Parallel Service

Question: I am a Pensioner of the Eduction Department. I was in SLEAS III when I retired on 23.09.1990.

As I was eligible for the 4 additional increments, I applied through the Zonal Director of Education, Batticaloa in February 1996. (Copy attached) My application was sent to the Provincial Director of Education, Trincomalee.

The addl. P.D.E. Trincomalee has sent my application with another officer’s name included on 30-12-1999 recommending the payment (copy attached).

As the papers were missing at Education Service Establishment, the Provincial Director’s Office had to send another set to ESE.

The PDE was then asked to send the copy of letter of exemption from Efficiency bar and Second Langauge Examination. (application referred to the No. of this letter and copy attached). The copies of Exemption were sent to the PDE by the ZDE on 15-08-2007 (copy attached). Earlier this has been sent by the ZDE with letter No. BT/GA/641 of 22-09-1999 (copy attached).

Answer: The Education Service Establishment branch of the Ministry of Education is unable to trace any documents without the reference number of the correspondence with the Provincial Director of Education, Trincomalee.

When inquired from the PDE Trincomalee he informed that as the Pension is being paid by the Divisional Secretariat office, the correspondence would have bene referred to the Provincial Public Administration Office. Trincomalee for a directive.

Please inquire from the Divisional Secretariat Office which pays your Pension and write to us with more details to enable to us to submit your case to the proper authorities.

Scourge of modern non conventional warfare...

Continued from last week

There has been a steady decline in the number of casualties from 2002 to 2005. However with the escalation of violence in 2006 the number of casualties have increased with 64 mine casualties being reported in 2006.

Land mines pose a great danger to farming communities, cause environmental destruction and hinder economic growth. For a country engaged in or recovering from war, the presence of thousands of people disabled by mines is a heavy economic and social burden for the family and the community. For the victims themselves it is an unending tragedy.

Given a situation so grave what can we do to prevent mine injury and also help the victims of mines, the majority of whom are poor and live in rural areas.

The civilians who live in war torn areas and those refugees who return to their homes in areas which were once combat zones and probably laid mines, should be educated on the dangers of mines and how these could be identified.

Educating the children is also important as they may play with unidentified objects which may turn out to be mines. In Sri Lanka Mine Awareness Programmes are carried out by many humanitarian agencies in the North-East. These programmes are not only school teacher and community based, but also make use of the mass media.

These people should also be taught basic first aid in case of mine injury as this may mean the difference between life and death.

The hospitals in areas of conflict should have all the facilities and the required staff to deal with such injuries. The surgeons working in these hospitals should practice the principles appropriate to war surgery when treating mine injuries.These areas which are probably littered with mines should be regarded as danger zones or no-go zones prohibiting the entry of people.

It is the responsibility of the State to demarcate these dangerous areas and have the required warning notices to prevent the civilians entering the danger zones.

Casualties can be reduced by clearing and destroying mines that have been already laid. However complete mine clearing is a long, costly, dangerous and perhaps an impossible task as has been experienced in other war-torn countries.

In Sri Lanka 10 non governmental organisations and the Sri Lanka Army were actively involved in mine clearing operations in the North-East. At least 20 million US $ in foreign assistance was spent annually with additional cost incurred by the Sri Lanka Army in mine clearing operations. The aim was to have a mine free Sri Lanka by 2008.

But this is difficult to achieve, the biggest obstacle for mine clearing being the escalation of violence since December 2005. While 2.2 sq km of land was cleared in 2003, the extent cleared went up to 19.5 sq km by 2005. In the first 3 months of 2006 only 1.2 sq km of land was cleared. This amounts to 7 per cent of the land cleared in 2006.

Of the mines in 2006, 48 per cent were anti-tank mines while 22 per cent were anti-personnel mines. Twenty five percent were unexploded ordnances (UXO).

A total of 127,886 devices have been removed since mine clearing operations began of which 93,179 have been anti-personnel mines.

Continued landmine use is expensive both in stark financial terms and widespread human suffering. The cost is enormous.

Key points

* Number of landmines buried in the ground worldwide - up to 80 million.

* Number stockpiled for future deployment - 250 million

* Number of mine-infested countries - 70

* Number of mine producing countries - 13 (including US)

* Cost of producing a landmine - as little as $ 3

* Cost of safely removing same mine - over $ 1000

* Mine victims who are civilians - over 80 per cent

* Mine victims with access to proper medical care and rehabilitation - less than 10 per cent.

* Estimated cost of recovery for one landmine survivor in developing countries - $ 9,820

* Landmines claim 26,000 new victims annually - a horrifying rate of once every 22 minutes.

Concluded

AGM

The Annual General Meeting of the OPA will be held on October 18 at the OPA Auditorium, commencing at 5.00 p.m.

Send in your questions

The Organisation of Professional Associations of Sri Lanka (OPA) will cover questions in all professions and subjects of common interest to the public in the “Daily News OPA at Your Service” page every Thursday.

Please make your question brief.

Questions can be directed to the OPA on e-mail

[email protected] or

[email protected]

Fax: 2559770 or write to the Professional Centre, 275/75, Prof. Stanley Wijesundera Mawatha, off Bauddhaloka Mawatha, Colombo 7.