PURAN SAW Vs. CENTRAL COALFIELDS LTD. AND ORS.

JUDGEMENT

(1.) THIS writ application has been preferred by the petitioner praying inter alia for direction upon respondents to provide Pension as per amendment in Coal Mines Pension Scheme, 1998 (in short 'C.M.P.S., 1998') vide G.S.R. No. 154(E) dated 5.3.2009 with statutory interest. The factual matrix, as delineated in the writ application, in a nutshell is that the petitioner was an employee of M/s. C.C.L. working as a loader in Sayal 'D' colliery in the district of Hazaribagh at present Ramgarh and the petitioner was superannuated from service in the year 1998 after completion of 60 years. Although, initially the petitioner was appointed in the year 1962 and the Family Pension Rules came into existence in the year 1971, but due to ignorance the petitioner could not become a member of the Family Pension Scheme as per the said Rules. But, in the year 1989 when the provision started for reforming the Pension Rules for Coal Workers 2% and one Special Annual SPRA has been deducted as per the rule from the wages of the petitioner along with other employees of the Coal Industry those who were member or not of the Coal Mines Family Pension Scheme, 1971.

(2.) THE Coal Mines Pension Scheme, 1998 has been approved on 5.3.1998 but implemented from 1.4.1994, and as per paragraph Nos. 2 and 2(A) of the C.M.P.S., 1998, the petitioner is entitled for pension and may be entitled for pension but due to illiteracy he could not fill up the pension forms. On the basis of deduction of 2% and one special annual SPRA from 1.4.1989 till the retirement, the petitioner submitted application before the respondents to get the benefits of Family Pension, but, when no action was taken by the respondents, the petitioner filed writ petition being W.P.(S) No. 2434 of 2008 before this Court, which was dismissed as withdrawn vide order dated 4.11.2009, annexed as Annexure -1 to the writ application, with liberty to the petitioner to file writ application if further exigency so warrants and accordingly direction was made to withdraw the amount of Rs. 20,549/ - from the cash section of the respondent(s) concerned.

(3.) IT has further been averred in the writ application that as per the amendment in Coal Mines Pension Scheme, 1998 vide G.S.R. No. 154(E) dated. 5.3.2009 extension of further time limit for exercising option in PS -1/PS -2, for eligibility of Coal Mines Pension Scheme, 1998 has been made vide Annexure -2. The petitioner states that he has filled up the application form on 11.12.2009, at Annexure -3 series, for payment of pension to the respondent No. 6 and the respondent No. 6 has inquired the petition of the petitioner regarding filling up of the form. Again the petitioner has filed an application on 14.12.2009, at Annexure -3 series.