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Jharkhand High Court · body

2011 DIGILAW 971 (JHR)

Shamsuddin Ansari v. Bharat Coking Coal Limited through its Chairman­cum­Managing Director, Dhanbad

2011-10-20

D.N.PATEL

body2011
ORDER 1) Counsel for the petitioner submitted that petitioner took his voluntary retirement in February, 2006 and under Voluntary Retirement Scheme, he was getting the provisional pension from the respondent No.2 peacefully and without any objection upto June, 2008 and, thereafter, the same has been stopped without any basis. 2) Counsel for the respondent No.2 submitted that they are ready and willing to make the payment but there is change of bank account number of the petitioner and, therefore, this amount has not been paid and if a correct bank account number is provided by the petitioner through the proper channel, i.e. respondent No.1, the same will be deposited in his bank account. 3) Counsel for the petitioner submitted that he is ready and willing to give the correct bank account number. 4) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that there is some communication gap between the petitioner and the respondents and unnecessarily the amount of provisional pension is not being paid from July, 2008 onwards. The petitioner is now ready and willing to give the correct bank account number to this Court. Counsel for the petitioner has informed this Court that the correct bank account of the petitioner is saving bank account no.11895011954 of the State Bank of India, Santaldih Branch, District Purulia (West Bengal). 5) In view of this submission, I, hereby, direct respondent No.2 to make the payment of provisional pension which they have already paid upto June, 2008.This amount will be deposited in the above saving bank account of the petitioner within three weeks from today. 6) It is a misfortune of the petitioner that though his voluntary retirement is accepted by the respondents and he retired from February, 2006, till today, as submitted by the respondent Nos.1 & 3, they have yet to send the papers for fixation of final pension of the petitioner to the respondent No.2. I, therefore, direct the respondent Nos.1 & 3 to send the papers for finalization of the pension of the petitioner, to respondent No.2 within one week from today. Though respondent Nos.1 & 3 have filed counter affidavit, but no reason has been stated for causing the delay in sending the necessary papers. I, therefore, direct the respondent Nos.1 & 3 to send the papers for finalization of the pension of the petitioner, to respondent No.2 within one week from today. Though respondent Nos.1 & 3 have filed counter affidavit, but no reason has been stated for causing the delay in sending the necessary papers. All care should have been taken by the Chairman­cum­Managing Director of the respondent No.1 and by the Board of Directors and by their subordinate high­ranking officers, that when the employee is retired, his pension papers, etc must be sent to the respondent No.2 promptly. The Chairman­cum­ Managing Director and Board of Directors and their subordinate high­ranking officers have failed to perform their duties towards the present petitioner. 7) I, therefore, direct the respondent Nos.1 & 3 to submit the papers promptly to the respondent No.2 so that the final pension can be fixed by the respondent No.2 in accordance with law, rules, regulations, policies and Government enforceable orders, applicable to the petitioner as expeditiously as possible and practicable, preferably within a period of eight weeks, from the date of receipt of a copy of an order of this Court. If the amount is found legally payable to the petitioner, the same will be paid within a further period of four weeks thereafter. The arrears of the final pension and the current pension will be deposited in the above bank account of the petitioner regularly. 8) The Registry is directed to send the copy of this order to the respondent No.1 – The Chairman­Cum­Managing Director of the Bharat Coking Coal Limited, Dhanbad immediately through Fax. 9) With the aforesaid directions and observations, this writ petition is disposed of.