UPENDRA PRASAD SAHAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In compliance to the direction of this court passed in its order dated 27.08.2010, respondent nos. 2 and 3 have appeared in person in court today and a supplementary show-cause reply has also been filed on their behalf.

(2.) Counsel for the respondents / opposite parties would inform that there is no dispute to the petitioner's claim for payment of pension, but the dispute is in respect of the amount which the petitioner has to deposit for availing the benefits of the Pension Scheme and it is this uncertain amount which has caused controversy between the parties.

(3.) Be that as it may, the fact which cannot be ignored is that, in response to Respondent's demand from the petitioner to deposit certain amount, the petitioner has replied specifically that that amount so demanded, also includes such amount which the petitioner had already deposited in his contributory provident fund amount and details of such deposits are available in the colliery where the petitioner at the relevant time, was employed. It was therefore for the respondent authorities to verify the statement of the petitioner from the available records at the work place where the petitioner was employed and thereafter, to assess the actual amount which the petitioner has already deposited and then to demand the balance of payment from the petitioner in clear and categorical terms. This apparently having not been done, the petitioner feels that he is being unduly harassed. To resolve the stalemate, it would be appropriate for the petitioner to give a fresh statement of accounts including the amounts which according to his own records, have already been deposited and the balance of payment which he is required to deposit, where-after the concerned authorities of the respondents would verify such statement from their own records and then after hearing the petitioner, pass appropriate orders specifying the total amount including the amount of deposit made by the petitioner and for enabling the petitioner to deposit the balance to get the benefits of pension.