CENTRAL COALFIELDS LIMITED Vs. SHYAM NARAIN SINGH

JUDGEMENT

(1.) The present appeal has been filed against the order dated 1.11.2012 passed in W.P. (S) No. 6124 of 2012 in and by which the learned Single Judge "issued a direction to the Respondent No. 3 to take appropriate decision in accordance with law on the legal notice dated 26.9.2012, within 60 days from today and arrears of pension found due shall be released in favour of the petitioner alongwith interest @ 10% per annum from the date of the decision on the legal notice". The respondent was an employee of the appellant-Central Coalfields Limited, who retired from service with effect from 1.7.2000 from the post of Upper Division Clerk at Charahi, Hazaribagh and claimed that all his retiral dues were paid except pension. It is the case of the respondent-employee that he made several representations and also sent legal notice dated 26.9.2012 and finally when the pension payable to the respondent employee was not fixed and no decision was taken on the legal notice, the respondent-employee filed the writ petition, being W.P. (S) No. 6124 of 2012, which was disposed of by the learned Single Judge vide order dated 1.11.2012. The relevant portion of the order dated 1.11.2012 reads as under:--

(2.) We have heard Mr. Ananda Sen alongwith instructing counsel Mr. Ranjan Kumar, learned counsel appearing for the appellants and Mr. Rama Kant Tiwari, learned counsel appearing for the respondent.

(3.) The contention of the appellants is that the respondent has not filed the Statutory Form-PS-VI, which is a mandatory Form to be filled up by the workman for the benefits of the pension, it is stated that the said Form was filled up on 20.8.2012 and immediately on receipt of the said Statutory Form, the appellant-C.C.L. forwarded it to the higher authority-the Commissioner, Coal Mine Provident Fund on 10.10.2012 and Regional Commissioner, C.M.P.F. intimated the appellant-C.C.L. that the pension of the workman has already been settled on 11.12.2012. It is further submitted that had the respondent-workman filed the Statutory Form-PS-Vl in time, the appellant would have taken appropriate decision thereof and while so the appellant cannot be faulted for the delay in taking the decision on grant of pension to be released to the respondent. It is submitted that learned Single Judge has not taken into consideration these aspects of the matter.