Questions and Answers

Pension anomaly - Request for redress

Question: I would be much obliged and grateful if you could kindly go through these documents and redress my grievances please.

1. I retired as lecturer Grade 11 from the Govt. Teachers College and as an officer grade Sri Lanka Edu. Admn. Service from Education Ministry on 1987.03.02 at the age of 55 yrs.

2. I was registered as a pensionable officer by number 806415 on my first appointment as an assistant teacher by letter dated 1969.05.31.

3. My pension number is PND 433324.

4. To date I draw a monthly pension of Rs 14,337.53 only.

5. On inquiry they say my pension should be more by word of mouth, but do not made any attempt to rectify. I have written to the Education Office at Green Path Colombo and their reply after three months or so is attached for your perusal.

6. Then as their letter requested, I handed over the documents to the Pension Branch at the Malabe, Provincial Council office, where I draw my pension from, on 2009.10.07, but to date have had no reply.

I would be very grateful if you could kindly go through and help me and redress my grievance before I depart from this world.

C. Abeysekera - Malabe

Answer: We suggest that you should write to the 'Pension Anomaly Appeal Committee' of which the Director General-Pensions is also a member. Your appeal letter as well as the envelope containing the letter should clearly and in bold letters carry the heading 'Pension Anomaly Appeal Committee.' This committee will go through your case and reply appropriately. Their reply could take a few months depending on the number of appeals in hand.

You should enclose/attach to your letter of appeal copies of all relevant data as having been forwarded to us. Unfortunately we cannot appeal on your behalf.

Your appeal should be addressed to the above Committee C/o The Director General of Pensions, Department of Pensions, New Secretariat Building, Maligawatte, Colombo 10. We hope and trust that your anomaly will be sorted out.

Foot Path

Question: I am a regular reader of the OPA page of the CDN. Your reply to the question 'Controversy Over Right Of Way' appeared in the OPA of January 21, 2010 is very useful.

Hence please let me know from the OPA page in what Act or Ordinance it depicts the maximum breadth of a Foot Path should be three Feet?

O.W. Kulasinghe - Mawanella

Answer: A Foot Path is described as a path (or way) for foot passengers only. That is for people to go walking perhaps for practical purpose. It can even be a minimum of one foot wide.

It may even be wide as three feet as stated by you. The breadth of a foot path has not been defined in terms of measurement. If a vehicle, even if a three - wheeler can go through this it will no longer be called a foot path.

As far as we are aware there is no Act or ordinance for a foot path. A roadside pavement is also referred to as a foot path.

Adopting child

Question: We have been married for the last 19 years. Both of us have contracted with HIV/AIDS for the last 10 years.

Only the parents of both parties know about this, sickness, and we go to India regularly for treatment without the knowledge of others.

Since we do not have children, can we adopt a child at this stage? What does the law say?

Confused couple

Colombo

Answer: We contacted the Commissioner of Probation and Childcare Services and according to him anyone who wishes to adopt a child has to first register with his Department.

In your case the Commissioner has to discuss with you regarding your case. You can meet the Commissioner on any Wednesday being public day in his department.

The office of the Commissioner of Probation and Childcare Service is at the Provincial Council complex at Battaramulla. Western Provincial Council No. 204, Denzil Kobbekaduwa Mawatha, Battaramulla. The Commissioner's telephone no. 4413372. In fact persons with HIV are not to be discriminated.

However the future and the health of the child to be adopted will be of concern.

Prescriptive title house

Question: I refer to the above matter which appeared under O.P.A. Column in the Daily News of December 17, 2009.

May I know the Law applicable in this connection. I also wish to know when a house is leased out and all the Lease Agreements are registered at the Land Registry continuously, whether the Tenant-can claim ownership if he occupies the house more than 10 years, even when there is a Valid Lease Agreement covering the period before and after.

The present lease expires in June this year and if the lease agreement is renewed for a further period of three years, the period of occupancy will be 12 years. Please advise early.

D. Coorey - Moratuwa

Answer: The case referred to in the Daily News - OPA column on December 17, 2009 is a clear case of prescriptive ownership by the occupant as three generations have occupied the house.

The second generation was granted also prescriptive rights by the District Courts.

Further the house was gifted to the first generation.

Do not confuse your case with this. No tenant who pays rent or a Lessee who occupies a house on a lease agreement can ever claim prescriptive rights even if in continuous occupation for more than 10 years.

The prescriptive law is not applicable to a tenant or a Lessee. Also a property co-owned cannot be claimed under the prescriptive law.

The Prescriptive Ordinance is under Chapter 81, Number 22 of 1871. Amended as number 2 of 1889.

You can renew the Lease agreement without worry for even more than 10 or 12 years.

You may reconfirm this with the lawyer who will be preparing the Lease Agreement.

Life Insurance indication on SLT-bills

Question: Monthly Bills sent to me by Telephone has an item 'Life Insurance', which I wanted a clarification from Telecom but no reply received to date to my inquiry.

I have a life cover from another Company. Besides Life Insurance is a subject of another Institution.

I will be thankful if I am made aware of this 'Life Insurance' appearing in the Telecom Bills.

I have a computer with internet connection, does this have anything to do with Life Insurance offer by Telecom.

V. Jayawathi - Pitakotte

Answer: We went through some SLT telephone bills but did not come across this Life Insurance indicated anywhere.

However, we made inquiries from the SLT on Tel. No. 1242 and were made to understand that SLT now provides an additional service to new customers as well as existing customers in providing a Life Insurance Policy.

Apparently the policy is through Ceylinco Insurance, but SLT are providing a service to obtain a Life Insurance policy and also assist you in paying the premium.

The premium will be added on to your telephone bill and you can pay it along with your telephone bill.

This is an optional service provided by SLT to its customers in acting as an agent. One needs not have to go to the Insurance Company but have the convenience of taking a policy and paying the premium through your bills.

Renewal of NICs

Question: I have lodged an application for renewal of my old aged NIC, on September 9, 2009 and five months have lapsed since of then.

I lodged this application through the Grama-Sevaka of my area and issued with the receipt no. CC213926 (dated 09.09.2009).

I just wonder for how long will I have to wait till I get the NIC? Every fortnight I remind Grama-Sevaka about this and his simple answer is that he has not received the cards and if I need it urgently it's better to call the Colombo Office and inquire about it.

If we were to make those inquiries from the office concerned there is no need of Grama-Sevaka service.

I did not have my NIC to vote for the Southern Provincial as well the Presidential Elections and may be for the General Election too. Fortunately I had my driving licence produced at the polling booth.

I would appreciate very much your intervention on this matter and let me know what's going there in Colombo, through your valuable column in the Daily News. The response might be useful for many others too.

Dr R. S. Walgama-e-mail

Answer: We have good news for you that your NIC was ready on February 7, 2009.

This would have been dispatched in the past couple of days to the Matara Divisional Secretary's Office.

You may now request the Grama Sevaka to collect your NIC from the Divisional Secretary's Office or you can call over with the receipt No. CC231926 and your driving licence to prove your identity.

It usually take about five - six months for the renewal of a NIC including the time taken by the Grama Sevaka and the Divisional Secretary's office.

Provided there is no change of name or date of birth which may cause delay.

Payment of unpaid EPF balance

Question: I made an application to the Central Bank on October 1, 2009 for my EPF unpaid balance which is due from September 2007 - June 2009.

I was given two telephone nos, by which I could check if the payment has been sent to my account - Tel nos. 2477150 and 2477224, but either these two nos. seem to be connected to a fax machine or always gives an 'engaged' tone.

Would appreciate if you could please help me with some contact No. or Officer so that I could inquire on the unpaid balance. I was not given any reference no. but a seal was placed on the application which I forwarded to the Central Bank branch dealing with unpaid balances at the Ceylinco Bldg. at Fort.

Noordeen-e-mail

Answer: We are surprised that you were not given a reference number. If you had a reference number we could have checked up on the status for you.

Yes these telephone numbers are difficult to get through as they are engaged most of the time.

You may try 2477224 or 2477223. You can contact the Supdt. on 2477220.

If not you can call on the General Number of the Central Bank and ask for the EPF-Refund Section.

The General Numbers are 2477000, 2440330 or 2330220.