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2018 DIGILAW 1558 (JHR)

Bikash Chandra Mishra v. State Of Jharkhand

2018-07-13

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - Many-Fold prayers have been made in the writ petition, however, the learned counsel for the petitioner submits that petitioner''s grievance is now confined to contribution by the employer in his E.P.F account at the enhanced rate of his pay-scale and payment of pension to him. 2. The petitioner, who claims that he was appointed on the post of Junior Purchase Assistant on 29.06.1973, was promoted to the post of Purchase Assistant on 20.08.1976. Before he superannuated from service he was sent on deputation to Jharkhand State Mineral Development Corporation Limited. He has superannuated from service on 30.11.2010. He claims that during this period his basic pay was enhanced from time to time, however, E.P.F. contribution has been deposited by the employer only at the rate of his basic salary of Rs. 6,500/- per month. 3. Mr. Rupesh Singh, the learned counsel for the respondent-Jharkhand State Mineral Development Corporation Limited has raised preliminary objection to the maintainability of the writ petition in so far as grievance in respect of E.P.F contribution is concerned. It is stated that the petitioner has efficacious remedy to approach the Provident Fund Commissioner under Section 7-A of the Employees'' Provident Funds and Miscellaneous Provisions Act, 1952 for redressal of his grievances. 4. In so far as payment of pension to the petitioner is concerned, the writ petition is bereft of foundational facts; material facts have not been averred in the writ petition. Still, in view of the fact that the petitioner''s appointment is not under challenge and there is no allegation of misconduct against him the respondents are directed to ensure that pension at the applicable rate is fixed and paid to the petitioner, if there is no legal impediment in payment of pension to him. The petitioner may approach the respondent no. 2 and the respondent no. 4 and submit necessary documents on his claim for pension. For redressal of his grievance in respect of contribution in the E.P. fund the petitioner may approach the Provident Fund Commissioner under Section 7-A of the Employees'' Provident Funds and Miscellaneous Act, 1952. 5. The writ petition is disposed of.