HARIHAR DAS Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order, bearing reference No. CIL -C5A (VI)/50708/G/362, dated 8th November, 2001, whereby and whereunder, the respondent Chief General Manager (Personnel), Coal India Limited, Kolkata (hereinafter to be referred as 'CIL ') has rejected the representation of the petitioner for payment of pension and pensionery benefits since 1st January, 1992 and thereby refused to modify the earlier order dated 8th January, 1993, whereby, pensionery benefits of the petitioner was freezed.

(2.) THE petitioner had, in fact, earlier moved before Ranchi Bench of Patna High Court in C.W.J.C. No. 2469 of 1997 (R) for payment of pension, including dearness relief on pension as per Central Dearness Scheme. A Bench of this Court by its Judgment dated 28th September, 2001 directed the respondents to take a final decision in respect to the claim of the petitioner and to pass reasoned order, whereinafter, the impugned order has been passed.

(3.) BY the impugned order No. 362, dated 8th November, 2001 while the respondents have rejected the claim of the petitioner, they have given reference to certain orders, passed by Ranchi Bench of Patna High Court and Kolkata High Court with regard to Pensioners Association. It has been mentioned that the pensioners, who opted for Industrial Scale of Pay were not granted dearness relief, as applicable to the pensioners, who retired under Central Pay Commission scale of pay and thereby, following the principle land down by the Ranchi Bench of Patna High Court and Kolkata High Court, though the petitioner was not a party to those cases, his representation was also rejected.