CHANDRA SHEKHAR SHARMA Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner for a direction on the respondents to pay him the pension and arrears of pension in pursuance of Coal Mines Pension Scheme, 1998 (hereinafter to be referred as 'Pension Scheme, 1998'). Further prayer has been made to set aside the order, contained in Letter No. BCCL/Pension/2005/170 dated 6th/8th June, 2005, issued by the Personnel Manager (Pension Ceil), Bharat Coking Coal Limited, Koyla Bhawan, Dhanbad (hereinafter to be referred as 'B.C.C.L.'), whereby and whereunder, claim of the petitioner for payment of pension under the Pension Scheme, 1998 has been rejected on the ground that he had not submitted Form PS -1 in time.

(2.) IN their counter affidavit, the respondents have taken plea that the petitioner had not opted for Family Pension under the Pension Scheme, 1998 by submitting Form PS -1, which came into effect since 31st March,1998.

(3.) SALIENT feature of Coal Mines Pension Scheme, 1998, notified on 5th March, 1998, has been enclosed as Annexure 6 to the writ petition. The eligibility for pension has been prescribed under Clause 4 of the said Scheme, which reads as follows: