Somar Singh v. Central Coalfields Limited through its Chairman-cum-Managing Director, Darbhanga House, Ranchi
2020-06-09
DEEPAK ROSHAN
body2020
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the parties through V.C. 2. The instant application has been preferred by the petitioner for a direction upon the respondent authority particularly respondent Nos. 5 & 6 for payment of pension as the petitioner retired on 31.10.2001. 3. The learned counsel for the petitioner submits that though he has received other retiral dues, his pension has not yet been started. 4. A counter affidavit has been filed on behalf of the respondent Nos. 1 to 5, wherein paragraph 11 of the counter affidavit it has been stated that a sum of Rs.1,87,377/-was demanded by the respondent No.6- CMPF which is required to be deposited against the pension contribution. The learned counsel further submits that the pension scheme came in the year 1998 and the petitioner’s contribution of 2% was deducted only since the scheme came into effect as such the balance amount which is required to be deposited towards petitioner’s contribution in the pension fund is required for settlement of pension of the petitioner. The further case of the coal company is that the petitioner has not yet deposited the said amount as such, the proper claim cannot be sent to the respondent No.6 for settlement of petitioner’s pension. He further submits that if the petitioner will make a representation by giving his consent/authorization to deduct the required amount with up to date interest from employee’s contribution, his pension claim papers can be sent to the respondent No.6. 5. The learned counsel for the respondent No.6-CMPF submits that vide letter dated 17.06.13 this office has requested the respondent No.5 to send the draft of Rs.1,87,377/-which is required to be deposited against petitioner’s contribution for settlement of pension. He further submits that vide letter dated 05.09.16, this office again sent a letter to the respondent No.5 to send Rs.2,36,164/-(2% & one increment from 3/90 to 3/98) for settlement of the pension claim of the petitioner. 6. In view of the aforesaid facts and circumstances of this case, I hereby direct the petitioner to file a representation before the respondent No.5 giving his consent/authorization to deduct the required amount with up to date interest from employee’s contribution/payable amount of arrears of pension. In view of such consent/authorization such adjustment from arrears of pension shall not amount to recovery from pension.
In view of such consent/authorization such adjustment from arrears of pension shall not amount to recovery from pension. If such representation along with other required documents is filed, the respondent No.5 shall send the pension claim papers to the respondent-CMPF within a period of 2 months from the date of receipt of such representation. After receipt of claim papers along with other documents from the Coal company, the respondent No.6-Regional Commissioner shall process the claim of pension as per the provisions of coal mines pension scheme within a further period of one month. 7. With the aforesaid directions, the instant application is disposed of.