SANT KUMAR MISHRA Vs. EASTERN COALFIELD LIMITED

JUDGEMENT

(1.) Heard learned counsel for the petitioner, C.M.P.F and E.C.L.

(2.) Petitioner has superannuated on 31.05.2013 while working as Mining Sardar at S.P.Mines under Chitra Colliery, Eastern Coalfields Limited. He came before this Court seeking direction for fixation of his pension and payment of arrears thereof from the date of his superannuation with interest. He also alleged that Provident Fund amount paid to the tune of Rs.32,58,000/- approximately was less than the amount due i.e., Rs. 38 Lakhs.

(3.) Counter affidavit has been filed both by the E.CL and Coal Mines Provident Fund. Few facts, which are borne out from the pleadings are not in dispute (i) though petitioner made conscious exercise of option not to join the Coal Mines Family Pension Scheme, 1971 vide Annexure-A and D respectively to the affidavits of ECL and CMPF, deduction from the salary towards pension fund were made continuously from 1980 till his retirement. (ii) It is also true that petitioner did not exercise his option to join Coal Mines Pension Scheme 1998 even as per the extended date up to 2009.(iii) Deduction made from the salary towards pension fund has been refunded with interest after his retirement. (iv) Provident fund amount admissible has been paid by the respondent CMPF.