LAWS(JHAR)-2016-10-53

MOST. DHANIA KAMIN, WIFE OF LATE SOMRA ORAON @ SOMRA NO. III, R/O VILL KEDLA 9 NO. COLONY, P.O.KEDLA, P.S. MANDU, DIST. RAMGARH, JHARKHAND Vs. CENTRAL COALFIELD LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR, DARBHANGA HOUSE, RANCHI

Decided On October 21, 2016
Most. Dhania Kamin, Wife Of Late Somra Oraon @ Somra No. Iii, R/O Vill Kedla 9 No. Colony, P.O.Kedla, P.S. Mandu, Dist. Ramgarh, Jharkhand Appellant
V/S
Central Coalfield Limited Through Its Chairman Cum Managing Director, Darbhanga House, Ranchi Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for payment of family pension with interest and also for recalculation of Coal Mines Provident Fund amount as the authorities have paid less amount than the actual amount payable to the petitioner on the ground that the husband of the petitioner had taken House Building Loan advance during his lifetime.

(3.) The factual background of the matter is that the husband of the petitioner Late Somra Oraon was working in Kedla Under Ground Project of respondent-Central Coalfields Limited and was allotted Coal Mines Provident Fund account number 1490405. Late Somra Oraon died in harness on 23.04.2005 and thereafter the petitioner, being the widow of the said deceased employee, applied for family pension, but the same was not paid. The petitioner also applied for Coal Mines Provident Fund amount of her deceased husband, but the respondents have paid the amount of Rs.3,22,288.00 which as per the petitioner is less than the amount actually payable to the petitioner. On making query by the petitioner, she was told that her husband had taken House Building Loan advance from the Coal Mines Provident Fund account.