Jharkhand High Court
Manturna Devi vs The Tata Iron And Steel Co Ltd Through Its ... on 9 August, 2017
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4075 of 2016
Manturna Devi, wife of Late Ramji Singh, resident of village
Narharpur, POPandwa, PSBadhariya, DistrictSiwan, Bihar
... ... Petitioner
Versus
1. The Tata Iron and Steel Co. Ltd. (Collieries), West Bokaro,
through its General Manager, PO&PSGhanto Tanr (West
Bokaro), DistrictRamgarh
2. The Colliery Manager, Tata Iron and Steel Co. Ltd. (Collieries),
West Bokaro, PO&PSGhanto Tanr (West Bokaro), District
Ramgarh
3. The Personnel Officer, Tata Iron and Steel Co. Ltd. (Collieries),
West Bokaro, PO&PSGhanto Tanr (West Bokaro),
DistrictRamgarh
4. The Regional CMPF Commissioner, RegionII, Myfield, Station
Road, PO&PSChutia, DistrictRanchi ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Nand Kishore Pd. Sinha, Advocate
For the CMPF : Mr. Prashant Vidyarthi, Advocate
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08/09.08.2017Prayer in the writ petition is for payment of arrears of pension accrued on account of retirement of the husband of the petitioner and payment of family pension to the petitioner.
2. Order dated 16.06.2017 would indicate that the learned counsel for the petitioner disputed that CMPF amount was refunded to the husband of the petitioner. Now, an affidavit on behalf of the respondent no. 4Regional CMPF Commissioner, Ranchi has been filed stating that during the lifetime of the petitioner namely, Ramji Singh, Rs. 6,91,526/ was paid to him vide pay order dated 28.01.2004 in his saving account maintained with the State Bank of India, Ghatotand Branch. This issue, thus, stands concluded.
3. Referring to salary slip of the employee who after his retirement died on 15.12.2004, the learned counsel for the petitioner submits that Rs. 1492/ was deducted from the salary of the employee towards PF contribution.
4. On that, it is stated that the available PEN "A" list in which name of the employee appears at Sl. No. 1959 remark "N" appears. The learned counsel for the respondent no. 4 submits that the employee never opted Coal Mines Pension Scheme, 1971 and this is the reason remark "N" has appeared in PEN "A" list. Claim of the petitioner that her husband has opted for CMFPS, 1971 has been denied by the respondent. It is stated that deductions for 3/1971, 3/1972 and 3/1973 which were mandatory as per provision of the scheme, were never made. On this ground claim of the petitioner has been resisted. On deduction of Rs. 1492 from the salary of the employee, it is stated that all deductions towards PF accumulation are refunded to the employee at the time of CMPF refund.
5. In the aforesaid facts, finding no merit in the writ petition, it is dismissed.
(Shree Chandrashekhar, J.) Tanuj/