ABUL KHAIR KHAN Vs. CENTRAL COALFIELDS LTD. RANCHI

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) In this application, the present petitioner has prayed for a direction upon the Respondents for issuance of an order in the nature of Certiorari for quashing the order dated 27-29/07/2005 (Annexure-7) passed by the Senior Personnel Officer, Giddi 'A' colliery, in terms of which the Respondent has directed the petitioner to deposit an amount of Rs. 1,66,959/-through bank draft in favour of Central Coalfields Limited, Argadda, within the date stipulated therein, for enabling the petitioner to avail the benefits of the pension scheme for which he now wants to opt.

(3.) Learned counsel for the petitioner submits that the aforesaid direction is totally arbitrary, misconceived and illegal, in view of the fact that, at no point of time prior to the date of retirement and even after the date of retirement did the respondent notify any Circular to demand the said amount as a condition for the petitioner to become eligible for pension under the scheme. Learned counsel submits that even as claimed by the respondents, if any notification/circular was issued under the scheme, then the information of such notification and the requirements ought to have given to each employee, but such information was never given to the petitioner and for the first time, it is stated in the supplementary counter affidavit of the respondents that the petitioner is now informed about the purported scheme that those employees, who opt for the new pension scheme under the Coal Mines Pension Scheme, 1998, are required to deposit a specified amount.