Jharkhand High Court
Smt Mary Salet Ekka vs Central Coalfields Limited Through Its ... on 21 September, 2015
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No. 1854 of 2015
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Smt. Mary Salet Ekka ... ... Petitioner
-Versus-
1.Central Coalfields Ltd.
2.Deputy General Manger (Pension), CCL Headquarter, Darbhanga House, Ranchi
3.Regional Commissioner, Coal Mines Provident Fund, Region-1, Namkum, Ranchi
4.Senior Manger, Finance (CMPF), PF Section, CCL Headquarter, Darbhanga House, Ranchi
5.Personnel Manager (EE), CCL, Darbhanga House, Ranchi ... ... Respondents
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CORAM :HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner :Mr.M.M.Sharma For the Respondent-CCL :M/s. Amit Kumar & Arbind Kumar For the respondent-CMPF :Mr.Prashant Vidyarthy
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02- 21.09.2015 Heard learned counsel for the parties.
Petitioner claims to be the widow of late Michael Khakha, who retired as a Deputy Manager, O & M Department, CCL, Ranchi on 31.5.2003 and died thereafter on 17.10.2004. Petitioner is seeking payment of family pension and other benefits of her deceased husband stating that he was a member of CMPF and an application under Form PS 6 has also been made by the petitioner. Claims of arrears of salary has also been made. Documents relating to correspondences between Regional Commissioner, CMPF and the Deputy General Manager (Pension), CCL Headquarter, Ranchi are annexed as Annexure 10 dated 2.5.2014. The respondent-employer was asked to submit the deduction chart against Family Pension Contribution, Government Contribution, 2% Pension Contribution and one Increment Pension Contribution along with interest on deposit of the above amount in CMPF account for further action. The matter of processing of the claim of the petitioner in CMPF Account No.-Ran/12-1413 of the late employee is also referred therein.
Counsel for the petitioner submits that despite such correspondences till date pension have not been finalized by the respondent-employer of the CMPF.
Counsel for the respondent-CCL and CMPF submit that instructions have not been furnished in the matter till date and it is being taken up for the first time. If the petitioner approaches the respondent no.2, Deputy General Manger 2. (Pension), CCL Headquarter, Darbhanga House, Ranchi through proper channel, her claim can be duly scrutinized from the available records of the deceased employee and if claim is found to be admissible and deductions are made, the relevant statements should be forwarded to the office of respondent no.3, Regional Commissioner, Coal Mines Provident Fund, Region-1, Namkum, Ranchi for processing the claim in accordance with law.
Having, regard to the aforesaid facts pleaded and the submissions made, at this stage, without making any comment on the merit of the claim of the petitioner, this writ petition is disposed of with liberty to the petitioner to approach the respondent no.2, Deputy General Manger (Pension), CCL Headquarter, Darbhanga House, Ranchi through proper channel by way of representation in respect of aforesaid grievances. On receipt thereof and on scrutiny of the relevant records of the deceased employee, if the claim of the petitioner is found to be admissible, the respondent no.2 would forward necessary papers to the office of the respondent no.3, Regional Commissioner, Coal Mines Provident Fund, Region-1, Namkum, Ranchi within a period of 10 weeks thereafter. On receipt thereof, the respondent no.3 would examine the same and process the claim of the petitioner without any unreasonable delay, preferably within six weeks thereafter. Dependent upon such exercise, if the claim are found admissible, the same be released in favour of the petitioner with statutory interest, if any, and arrears thereof.
This writ petition stands disposed of accordingly.
(Aparesh Kumar Singh, J. ) Pandey