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Jharkhand High Court · body

2010 DIGILAW 37 (JHR)

Abul Khair Khan v. Central Coalfields Ltd. Ranchi

2010-01-07

D.G.R.PATNAIK

body2010
Order Heard counsel for the parties. 2. In this application, the present petitioner has prayed for a direction upon the Respondents for issuance of an order in the nature of Certiorari for quashing the order dated 27-29.7.2005 (Annexure-7) passed by the Senior Personnel Officer, Giddi 'A' Colliery, in terms of which the Respondent has directed the petitioner to deposit an amount of Rs. 1,66,959/through bank draft in favour of Central Coalfields Limited, Argadda, within the date stipulated therein, for enabling the petitioner to avail the benefits of the pension scheme for which he now wants to opt. 3. Learned counsel for the petitioner submits that the aforesaid direction is totally arbitrary, misconceived and illegal, in view of the fact that at no point of time prior to the date of retirement and even after the date of retirement did the respondent notify any Circular to demand the said amount as a condition for the petitioner to become eligible for pension under the scheme. Learned counsel submits that even as claimed by the respondents, if any notification/circular was issued under the scheme, then the information of such notification and the requirements ought to have given to each employee, but such information was never given to the petitioner and for the first time, it is stated in the supplementary counter affidavit of the respondents that the petitioner is now informed about the purported scheme that those employees, who opt for the new pension scheme under the Coal Mines Pension Scheme, 1998, are required to deposit a specified amount. 4. Counsel for the respondent, on the other hand, would inform that the circular issued for the pension scheme was adequately notified and it is presumed that it is within the knowledge of all its employees. The petitioner, prior to the date of his retirement or thereafter, had never opted for the aforesaid pension scheme. However, since the petitioner has now offered, he is required to deposit the specified amounts in order to make him eligible for the pension scheme. 5. Counsel for the petitioner has wanted to dispute the claim of the amount on the ground that the petitioner should not be saddled with the liability to pay interest of arrears since the petitioner was never informed at any earlier point of time regarding the requirement to make deposit of arrears. 6. 5. Counsel for the petitioner has wanted to dispute the claim of the amount on the ground that the petitioner should not be saddled with the liability to pay interest of arrears since the petitioner was never informed at any earlier point of time regarding the requirement to make deposit of arrears. 6. Counsel for the respondent explains that the demanded amount includes interest on the arrears and this part of the condition is, according to the requirement, as laid down in the scheme as well as under the Pension Rules. 7. From the rival submissions and from the facts and circumstances, it appears that the petitioner has opted for the benefits under the Coal Mines Pension Scheme, 1998. The rules of procedure, as it appears from the notification, annexed to supplementary counter affidavit, stipulates that such employees, who opt for the scheme, should pay their part of contribution so that they can be made eligible for the benefits under the Scheme. Learned counsel for the respondent explains further, that after such deposit is made, the petitioner would benefit almost double by an enhanced amount which would be paid to him, as per eligibility under the benefits of the Scheme. 8. Having considered the entire facts and circumstances, this writ application is disposed of with a direction to the petitioner that if he wants to opt for the benefits under the Coal Mines Pension Scheme, 1998, he shall deposit the amounts, stated in the notice issued to him and upon the petitioner's making the deposit of the requisite amount, the respondent-authority shall consider the same and inform the petitioner about his having been made a member of the aforesaid pension scheme, within two months from the date of deposit. 9. With these observations, this writ application is disposed of. 10. Let a copy of this order be given to the counsel for the respondents.