ASSISTANT COMMISSIONER COAL MINES PENSION FUND Vs. DHARMARAJAN

JUDGEMENT

(1.) Fourth respondent in the Writ Petition is the appellant.

(2.) The first respondent, who is the petitioner in the Writ Petition retired from the service of Northern Coal Fields Limited on 15/04/2000. He was a member of Coal Mines Pension Scheme, 1998, hereinafter referred to as 'the Scheme', framed under the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948. The wife of the first respondent was entitled to receive pension under the Scheme, after his death. Unfortunately, she died prior to the retirement of the first respondent. The first respondent remarried one Omana after his retirement on 15/12/2006. After the remarriage, he submitted an application to his employer to make necessary entries in the records pertaining to the Scheme, to enable Omana to claim pension under the Scheme. The said application was rejected by Ext. P5 communication, which was impugned in the Writ Petition.

(3.) After the institution of the Writ Petition, Ext. P8 communication was issued by the appellant, the competent authority under the Scheme, stating that in view of the provisions contained in Clauses 2(g) and 2(h) of the Scheme, the request of the petitioner cannot be entertained. The Writ Petition was thereupon amended, challenging Ext. P8.