Md Quddus vs The State Of Jharkhand And Ors on 3 August, 2015

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Jharkhand High Court

Md Quddus vs The State Of Jharkhand And Ors on 3 August, 2015

Bench: Aparesh Kumar Singh

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   W.P.(S) No. 3027 of 2015
                                               ---
          Md. Quddus                                      --- --- ---- Petitioner
                                            Versus
          1. The State of Jharkhand
          2. Central Coalfields Limited through its Chairman-
             cum-CMD
          3. Regional Commissioner, CMPF, Region-I, Ranchi
          4. Project Officer, CCL, Rajhara area, Chandwa ---  --- --- Respondents
                                               ---
          CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh

          For the Petitioner: Mr. Anurag Kashyap, Advocate
          For the Resp-State: Ms. Suman Ghosh, JC to GA
          For the Resp-CCL: M/s Ananda Sen, Kaustav Panda, Advocates
          For the Resp-CMPF:M/s Prashant Vidyarthy & Mritunjay Choudhary, Advocates
                                             ---
02/ 03.08.2015

Learned counsel for the petitioner is permitted to correct the description of Respondent No. 4 as Project Officer, Rajhara Area, Chandwa, Central Coalfields Limited in stead of Staff Officer (P&A), CCL, Rajhara Area, Chandwa during course of the day.

2. Heard counsel for the parties.

3. Petitioner has retired on 30.04.2012 as a Head Chain Man from Rajhara Area, Chandwa, Central Coalfields Limited. He had joined his service as Rope way Labour in November 1973. Grievance herein is in relation to payment of admissible pension in terms of NCWA-IX brought into effect from 01.07.2011 as the petitioner has been paid pension under NCWA-VIII. Petitioner has also represented before the respondent employer with the aforesaid grievances also giving CMPF number therein, but the same has remained unredressed.

4. Counsel for the respondent-CCL and CMPF both submit that due consideration would be accorded to the petitioner's claim in accordance with law, if he is directed to approach the Respondent No. 4 - Project Officer, CCL, Rajhara Area, Chandwa.

5. In view of the aforesaid facts noted and the submissions of the parties, the writ petition is disposed of without making any comments on the merits of the petitioner's case by allowing him to approach the Respondent No. 4 - Project Officer, CCL, Rajhara area, Chandwa for redressal of the aforesaid grievances, 2. duly supported with representation containing all necessary facts and documents. Respondent No. 4, on receipt thereof, would examine the petitioner's claim after due scrutiny of relevant record in accordance with law and if claim under NCWA- IX is found to be admissible for the purposes of pension, he would forward the same to the Respondent No. 3 - Regional Commissioner, CMPF, Region-I, Ranchi for processing the said claim and payment of admissible amounts and its arrears. Let such exercised be done by the Respondent Nos. 4 and 3 within a period of eight weeks.

6. Writ petition stands disposed of accordingly.

(Aparesh Kumar Singh, J) Ranjeet/

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