MOHAN MAHTO Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed challenging order dated 08.03.2011 in O.A.N. 200 of 2009(R) passed by the learned Central Administrative Tribunal, Patna Bench, Circuit Court at Ranchi whereby the Original Application filed by the applicants has been dismissed.

(2.) The brief facts of the case are that, the petitioner Nos. 1 to 5 are ex-employees of Coal Mines Labour Welfare Organisation (hereinafter referred to as 'CMLWO'), Government of India and petitioner Nos. 6 to 8 are legal heirs/successors of the ex-employees of CMLWO. On 30.09.1986, CMLWO was merged in Coal India Limited and its employees were given an option for their absorption in the Coal India Limited. The original applicants were absorbed in Coal India Limited by order dated 01.10.1986. The employees initially employed with CMLWO were entitled for Pro-rata pensionary benefits for the service rendered by them under the Central Government subject to the minimum qualifying period of service, that is, 9 years 9 months. For calculation of total period of service rendered under the Central Government, half of the period of continuous service rendered without break, on monthly paid contingent basis, prior to their absorption in Coal India Limited, was to be counted for grant of Pro-rata pensionary benefits. Thus, the original applicants were also entitled for pro-rata pensionary benefits on account of their services in CMLWO prior to their absorption in the Coal India Limited. Some of the present petitioners along with others moved the Central Administrative Tribunal, Patna in O.A. No. 39 of 2004 seeking a direction upon the respondents to grant Pro-rata pensionary benefits to them. The said Original Application was disposed of by order dated 19.02.2004 with a direction to the respondents to verify the claim of the applicants and to grant the same, if they were entitled. The claim of those persons were rejected vide order dated 20.09.2004. The said order was challenged by 13 persons including the present petitioners in O.A. No. 83 of 2005 which was disposed of by order dated 17.02.2006. The claim raised by 5 persons in O.A. No. 83 of 2005 was allowed by the learned Central Administrative Tribunal. However, the case of the present petitioners who were the remaining applicants in O.A. No. 83 of 2005 was remanded to the competent authority for verification of their total period of service for the purpose of grant of Pro-rata pensionary benefits. Since the order passed in O.A. No. 83 of 2005 was not complied with, the petitioners filed a contempt application being CCPA No. 8 of 2007. The respondents also preferred review application being R.A. No. 8 of 2006 before the learned Central Administrative Tribunal however, the same was dismissed. The order passed by the learned Central Administrative Tribunal in O.A. No. 83 of 2005 was challenged before this Court in W.P. (S) No. 762 of 2008 and the same was dismissed by order dated 09.07.2008, thereafter, the respondents moved the Hon'ble Supreme Court in Special Leave Petition(C) No ........./2008 (CC No. 10101 of 2008). By order dated 04.08.2008, the Special Leave Petition preferred by the respondents was also dismissed. Thereafter, the respondents made payments to the applicant Nos. 1 to 5 of O.A. No. 83 of 2005 whose claims were allowed by order dated 17.02.2006. However, with respect to the present petitioners, the respondent No. 2 passed order dated 13.07.2009 rejecting the claim of the original applicants on the ground that there was no record of their engagement on muster-roll. Thereafter, all the petitioners except petitioner No. 7 who is the husband of the applicant No. 7 in O.A. No. 200 of 2009 (R) moved the learned Central Administrative Tribunal, Patna challenging order dated 13.07.2009. Since, O.A. No. 200 of 2009 (R) has also been dismissed by order dated 08.03.2011, the original-applicants have approached this Court by filing the present writ petition.

(3.) Heard the learned counsel for the parties and perused the materials on record.