Jharkhand High Court
Most. Anita Devi vs Central Coal Field Ltd. & Others on 17 February, 2020
Author: S. N. Pathak
Bench: S.N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4243 of 2014
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Most. Anita Devi .... Petitioner
Versus
Central Coal Field Ltd. & Others ..... Respondents
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CORAM : THE HON'BLE MR. JUSTICE DR. S.N. PATHAK
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For the Petitioner : Mr. Om Prakash Prasad, Advocate
For the Respondent-CMPF : Mr. Prashant Kumar Singh, Advocate
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11/17.02.2020 In the instant writ application, the petitioner has prayed for
payment of CMPF amount with interest. The petitioner's husband was CCL employee posted in Churi Project as General Mazdoor and as per the P.S. Form PS- 3 and 4, the petitioner was the only nominee to receive the amount of pension and CMPF. The husband of the petitioner died in harness on 01.01.2014. After death of the husband, the petitioner made an application before the Personal Manager to struck off the name of the husband from the pay roll. On fulfilling eligibility, a request was made by the petitioner before the respondents for release of CMPF amount and pension, but till date the CMPF amount has not been released. Though the petitioner is the only nominee of her deceased husband and the petitioner is entitled for the entire CMPF alongwith interest, but in spite of several representation, the same has not been extended and hence she has knocked the door of this Court.
2. Learned counsel appearing for the petitioner very humbly submits that as the name of the petitioner being the sole claimant finds place in the nomination form and hence she is entitled for the CMPF amount.
3. Learned counsel for the petitioner further submits that the petitioner has made several representations but till date no payment has been made, prays for passing of a direction to the respondent-CMPF to release the entire amount with interest from the date of death of the husband of the petitioner.
4. Mr. Prashant Kumar Singh, learned counsel appearing on behalf of CMPF referring to para-4 of counter-affidavit submits that in absence of document and recommendation from the employer CCL the petitioner has not been paid the amount. It has been further submitted that till date, documents have not been forwarded by the employer CCL and as such the amount has not been released.
-2-5. Be that as it may, petitioner is a widow, claiming CMPF amount, which is due and has not been paid from 14.01.2014. On several occasions, direction was given to the CCL for filing counter-affidavit and sending documents to CMPF.
6. Today when the case is called out nobody appears on behalf of the CCL.
7. Mr. Prashant Kumar Singh, learned counsel for the CMPF submits that in absence of any document, they are unable to release the amount.
8. Non-payment of CMPF at the hands of respondents and the ground taken is not acceptable to this Court, as no dispute has been raised by either employer CCL or by the CMPF, regarding genuineness of the petitioner to receive the amount. Further it is only in absence of the documents, she has not been paid her CMPF amount, as the respondent-CMPF is ready to pay the amount, it is only the CCL, which is responsible for not sending the documents. The lackadaisical and lethargical approach of the respondent-CCL is not praise-worthy. The CCL will hand over the documents to the CMPF within a period of one week and shall pay a cost of Rs. 10,000/- to be deposited before the Secretary, Department of Women, Child Development & Social Welfare, Government of Jharkhand, Ranchi towards the Juvenile Justice Fund, either by cheque or bank draft or can be deposited in the State Bank of India Account No. 3734498462-5 favouring Juvenile Justice Fund for non-payment of CMPF to a widow.
9. Put up this case after two weeks.
(Dr. S. N. Pathak, J.) RKM