Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 1335 (JHR)

Gulab Saw son of late Mahesh Saw v. Coal Mines Provident Fund Organization through its Regional Commissioner

2019-07-24

SANJAY KUMAR DWIVEDI

body2019
JUDGMENT : Sanjay Kumar Dwivedi, J. 1. Heard Mr. Nand Kishore Pd. Sinha, learned counsel appearing for the petitioner, Mr. Prashant Kumar Singh, learned counsel for the respondent-CMPF and Mr. Shivam Utkarsh Sahay, learned counsel appearing for the private respondent Nos. 1 to 9. 2. The present writ petition has been filed for a direction upon the respondent to pay Rs. 54,281/- which has been deducted from the arrear of pension amount of the petitioner. 3. Learned Counsel for the petitioner submits that although the deduction for that period has been taken by the respondents-CCL but in spite of that CMPF has wrongly deducted a sum of Rs.54,281/-. 4. Mr. Prashant Kumar Singh, learned counsel for the CMPF referred to paragraph No. 7 of the counter-affidavit submits that for indicated period the amount has not been received and as such that amount has been paid. 5. On the other hand, learned counsel for the CCL, submits that CCL have already forwarded the deducted amount to the CMPF which is apparent from Annexure-D of the counter-affidavit of the CCL. 6. Be that as it may respondent No. 1 is directed to look into the Annexure-D which is a detailed letter along with the data of deduction and if it is found that the amount has already been forwarded to the CMPF. The CMPF will release the said amount in favour of the peititoner within eight weeks’ from today. It is made clear that while refunding the said amount, the authority concerned will look into the interest part in accordance with law. It is for the CMPF to come on a finding and if so desired they may communicate with the CCL for arriving on the issue, in question. 7. In view of the observations and directions made herein above, the writ petition stands allowed and disposed of.