Opa At Your Service

[Questions and Answers]

W & OP contribution

Question: I will be thankful if you could enlighten me on the following question through the Daily News.

“A permanent personable Local Government service employee could work for only six years and had retired due to ill health. Is he entitled to any gratuity as he is not entitled to the pension? Can he claim a refund of W&OP contribution as he is a bachelor?

Bandula Perera, Ratmalana.

Answer: The fact that you had worked for only six years does not qualify your for pension. In order to qualify for pension you should have a minimum uninterrupted or continuous service of 10 years. Also if one is to retire after 10 years on medical grounds he or she has to go before a medical board and get approved in order to qualify for pension. However, since you are a bachelor as claimed by you, you may be entitled to a refund. Those unmarried persons who joined the government service before 1981 are entitled to the refund and those who joined after 1981 are not entitled according to the information we received. Suggest you write to the W&OP section of the Pensions Department in order to clarify your entitlement for a refund.

Fixed deposit interest rate

Question: On 2.6.2008 I deposited Rs. 440,000 and opened up a Fixed Deposit Account at the People’s Bank, Dematagoda.

The bank issued me Fixed Deposit Receipt No. B/1 No. 519669 dated 2.6.2008. FD certificate clearly states that interest rate of 17 percent per annum will be paid. Bank has credited my current account no. 3320906 at the end of each quarter the agreed interest i.e. Rs. 18,700 (17 percent p.a.).

The quarter ending 29.8.2009 bank has unilaterally changed the interest rate to 13.5 percent per annum and credited my account only Rs. 14,850.

I would like to have your advice.

G. Fernando - email address

Answer: When you deposit money in a fixed deposit with a bank or any financial institution you have to indicate or agree with the bank on the period for which the deposit is to be held. The interest rate which is usually indicated per annum could be applicable for a specified period. It could be anything between one month to 5 years.

The interest rate quoted will depend on the period for which the deposit is placed. It will also depend on whether the interest is to be paid monthly or at maturity, the latter being a higher rate.

There is also the option of automatic renewal of the deposit. Your deposit appears to be for one year with automatic renewal and interest payable quarterly. Thus on renewal on 3.6.2009 it has been renewed at 13.5 percent. It is correct that interest rates have drastically come down and the going rate in June 2009 was about 13 percent p.a. However the bank is expected to send you a renewal notice.

Most banks do not seem to be sending renewal notices now.

Copy of Birth Certificate

Question: I am writing this letter on behalf of my sister Ingrid Rukmani Mather, who is presently living in Canada. I am an avid reader of your column and in the past you had, successfully resolved so many issues that readers had virtually given up. I do hope you could assist in this issue as well.

My sister Ingrid applied for a certified copy of her Birth Certificate, since she had lost all original documents during the 1983 communal riots in Colombo. Since she was born in Badulla, we applied for the certified copy of her Birth Certificate in Badulla. We had a photo copy of the Birth Certificate in our possession and we sent them to the office in Badulla and asked them to issue us a certified copy. The Badulla office acknowledged our application and sent us a receipt with the following Ref. on 18th October, 2006.

They told us that her application bearing the Ref. No./A14/284 had been forwarded to the Asst. Registrar’s office in Maligawatta.

Since we did not hear anything from the Maligawatta office, my sister wrote to them (photo copy attached) on January 22, 2007. Even then we did not get any reply or an acknowledgement to our inquiry. Since its more than four years since she applied for a certified copy of the Birth Certificate, I would be very thankful to you if you could, please assist us in getting this document. My sister lost her husband in 2006, and she is in need of a certified copy of the Birth Certificate, for her to get things moving and to sort out matters in Sri Lanka.

I am enclosing a photocopy of her Birth Certificate, and the acknowledgements from the Badulla office for your easy reference. Please reply through your valuable column.

Shanthi de Silva, Colombo 5.

Answer: We contacted the Central Record Room at Maligawatta and according to them it is almost impossible to trace the application (Ref. A 14/284) of 2006. They suggest that you make an application once again in the prescribed form completed and affixed with necessary value of stamps, along with a self addressed, stamped 4” x 9” envelope to the Badulla office.

The Central Record Room only entertains application forwarded by the Regional Secretary’s office and not direct to them. Once you receive the acknowledgement from Badulla with the reference number. You have been requested to call over or contact the Maligawatta, Central Record Room on Tel. No. 2433075. Once you give them the registration number and follow it up as you are very likely to get your job done (i.e. receive the certified copy of the Birth Certificate). The problem the Central Record Room is facing is their difficulty to cope up with the number of such applications sent from all Divisional Secretary’s offices. We were made to understand that the Central Record Room is more organized now than in 2006.

Termination of employment

Question: I have been employed since April 2008, with a company, that has informed me only verbally that my services are not required from October 2009. The facts are as follows:

1. Employed in mid April 2008, with an offer of all inclusive salary as well as a company maintained car with limited amount of petrol given free by the employer. Six months probation was specified in the appointment letter.

2. Confirmed on November 1, 2008 after probation period, but put on 1 years contract, with condition that if I am leaving I have to give them 3 months notice, but this condition is not stipulated for the company towards me.

3. December 2008 the free allowance of petrol was withdrawn, and hence I handed over the vehicle to them as I did not want to spend on petrol to go to office and back.

4. No allowance for the petrol was paid to me till April and May 2009 and the salary every month was delayed by a week or two from this time. End of June I was informed the petrol allowance could not be paid as the company was undergoing difficulties.

5. On August 10, I was informed verbally by the CEO that my services would be terminated from October 1, 2009. No letter was given to me although I requested for a termination letter. The July salary has not been paid in full, to date. No compensation has been offered for leaving one month short of my contract.

Could you please inform me what compensation I could get for the loss of career, and how I could get about it. The company refuses to give me in writing that ‘they have terminated’ my services.

S. de Silva - e-mail address

Answer: Yours appear to be a complicated case. However, we do not know the conditions stipulated in your letter of appointment. Does the letter of appointment you have referred to state whether your employment is to be on contract basis.

Your employer seems to be one with good intentions but the business seems to be in trouble. It appears that he has to give you three months notice or pay you three months salary in lieu. As it is, he is unable to pay you the monthly salary from July. We suggest that you discuss your problem with the labour office of the area of your work place along with your appointment letter. They will advice you accordingly.

Separate water metre

Question: I am the owner of two houses having two separate assessment numbers built in the same premises. There is only one common water metre for both houses. I would like to know the procedure involved in taking a separate water metre for the second house.

What are the legal documents required to be produced.

J. de Silva, Colombo 5.

Answer: You can produce a copy of the deed (if in your name) for the house to which you wish to apply for a water metre. A document to prove the Assessment Number of the house. Either the CoC (Certificate of Conformity) issued by the Colombo Municipal Council or receipt of payment of annual rates in your name. Basically, you have to prove the assessment number of the house and the ownership to open a new water supply/metre account. You can call over or send some one to the Water Board office at Pamankade Junction on the Havelock Road, W. A. de Silva Mawatha (former High Street, Wellawatta) Junction, for further information.

Beware of classic energy saving bulb salesmen

Question: A salesman came to my house. He said he was a salesman for the above brand of bulbs. As August 10 was the last day for purchasing bulbs he convinced me to buy some bulbs at the reduced price of Rs. 200 as the normal price is Rs. 475 a bulb. He had an official looking ID hanging from his neck and did not check but I told him to write his National ID number.

He wrote as 830543894V and his mobile number as 0779530101. His name is Gamage. I purchased bulbs, when I asked for a receipt he said his Company is CBI (Classic Blub Company). He told me that his company would inform the Electricity Board to deduct the balance monthly. I tried to contact this salesman several times on the number he gave me but there was no response. Please let me know whether such a Company exists and telephone number and also let me know whether representatives goes about selling bulbs.

ML, Boralesgamuwa.

Answer: It appears that you have been misled by a confidence trickster. Although we have no answers to your question, we will publish it as a message of caution to the public. We made inquiries with the SLT Directory inquiries but they cannot trace any company called CBI (Classic Bulb Company).

All genuine energy saving bulbs should be registered with the Sri Lanka Standards Institute (SLSI) for approval. No bulbs branded ‘Classic’ nor any company called CBI (Classic Bulb Company) has been registered by SLSI. The telephone of the salesman is no longer in use. You have obviously bought a spurious product. No one will sell you a genuine energy saving bulb at Rs. 200. You may use those bulbs though they may be not really energy saving.

Payment of W&OP

Question: My husband Siyadoris Appu, a Government pensioner (Pension No. 1 - 122715 and his W&OP No. 21618) died on 14.08.2008 leaving me as his sole heir to his estate as we had no children by our marriage. The DS Ratnapura first approved the payment of W&OP pension to me allotting me the pension No. W 2307 21 75066.

But later he refused to pay it until I produced a certified copy of the judgement in case No. 542. There is a reference in our Marriage Certificate against the cage ‘civil status’ ‘Karlinahamy’s divorced husband’ as the civil status of my husband. When I applied to District Court, Ratnapura for the copy of the said judgement they after a thorough search in their Registry told me that such a divorce case has not been instituted in their Court. Also there is no mention in the Marriage Certificate in which court this case has been instituted. I do not know anything about or whereabouts of Karlinahamy.

I produced affidavits to the DS Ratnapura and the Director General of Pensions stating these facts and in the absence of no one claiming the benefits of my deceased husband’s W&OP benefits except me and hence to pay me the W&OP pension.

Then DS Ratnapura wrote to D/Pensions seeking his instructions to pay me the W&OP pension forwarding my letters and affidavits.

But the D/Pensions keeping mum to the request of DS Ratnapura and to my several pleadings to him up to date.

In this scenario am I not entitled to receive the W&OP pension if I fail to prove that my deceased husband has divorced Karlinahamy? Are these authorities going to deny me the payment forever even though no one has claimed it except me.

I have tried to be very brief as possible in my questions to you.

Agnes Perera Hamine, Ratnapura.

Answer: We discussed your case with the Director of Pensions. Their problem is what if the first wife turns up and claims the W&OP of your husband, She has the first claim over his W&OP. Though it is merely stated in your Marriage Certificate that your husband was divorced, there is no proof of it.

You have stated, “leaving me as his sole heir to his estate”. Do you have a last will or any such document signed by him to the effect that you are his sole heir. If you have any such document, it may be useful for the Pensions Department to help you.

The Pensions Dept. has called for your husband’s pension file from the Ratnapura DS’s office for further scrutiny. Your letter to the President has also been directed to the Director General. Can you not make inquiries from your late husband’s relatives on the whereabout of Karlinahamy. Your case remains a difficult one in the absence of any proof of divorce.