Manoj Kumar Singh vs Regional Commissioner D1 Cmpf on 11 July, 2017

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Jharkhand High Court

Manoj Kumar Singh vs Regional Commissioner D1 Cmpf on 11 July, 2017

Bench: Shree Chandrashekhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            W.P.(S) No. 5747 of 2011
                                    -----
            Manoj Kumar Singh, son of Late Rajendra Singh, resident of
            Qtr.   No.II/4, Karmik     Nagar,    PO &     PS-Saraidhela,
            Dist.-Dhanbad                            .... Petitioner
                                        -Versus-

          1. Regional Commissioner, D-I, CMPF, Jagjiwan Nagar,
          PS-Saraidhela, Dist.-Dhanbad
          2. Assistant Commissioner, D-I, CMPF, Jagjiwan Nagar,
          PS-Saraidhela, Dist.-Dhanbad
          3. B.C.C.L. through its C.M.D., At-Koyla Bhawan, PO-B.C.C.L.
          Township, PS-Saraidhela, Dist.-Dhanbad
          4. Senior Finance Officer, B.C.C.L.,       At-Koyla Bhawan,
          PO-B.C.C.L. Township, PS-Saraidhela, Dist.-Dhanbad
                                                   ....... Respondents
                                   ------
      CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
                                    -----

                For the Petitioner       : Mr.   Abhijeet Kumar Singh, Adv.
                For the Resp.-CMPF       : Mr.   Prashant Vidyarthi, Adv.
                For the Resp.-BCCL       : Mr.   Amit Kumar Sinha, Adv.
                                         -----
05/11.07.2017

The petitioner, who is son of the deceased employee namely, Rajendra Singh, on the death of his father has raised a dispute in respect of an entry in Schedule 'C' and the service excerpts of his deceased father which mention name of another person namely, Prabil Kumar Singh as his second son.

2. The learned counsel for the petitioner submits that the school-certificates of the said Prabil Kumar Singh do not disclose name of his father as Rajendra Singh.

3. In terms of Section 64(ii) of Coal Mines Provident Fund Scheme, provident fund amount shall be distributed amongst the family members in equal shares. The respondents have acted on the basis of Schedule 'C' form and the service excerpts of the deceased employee which include name of his two sons. Petitioner's claim that he is the only surviving son of the deceased employee, on the face of the official records which were filled-up by deceased employee himself, cannot be adjudicated by the employer. The petitioner is required to seek declaration from the competent Court of law on the status of the said Prabil Kumar Singh.

4. In the aforesaid facts, finding no infirmity in the communication dated 11/16-12-2009, the writ petition is dismissed.

(Shree Chandrashekhar, J.) sudhir

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