Allowed

Sarla Sharma v. Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director And Ors.

Jharkhand HC16 Aug 2016WPC/3077/2016

Case brief

AI extract

What is this about?

The petitioner, widow of a deceased employee, approached the High Court for revision in family pension. The respondents undertook to reconsider the claim and pay arrears if admissible within 8 weeks. The writ petition was disposed of to enable this process.

What did the court decide?

The writ petition is disposed of with an undertaking by respondents to decide the pension revision representation within 8 weeks and pay admissible arrears.

Sarla Sharma Vs Eastern Coalfields Ltd… — Pension and Retirement Benefits | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 3077 of 2016

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Sarla Sharma ..... Petitioner

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vs.-

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Eastern Coalfields Ltd. through its Chairman-cum-Managing Director, District-Burdwan, West Bengal 2. The Senior Manger, Personnel, Pension Cell, Eastern Coalfields Ltd., District-Burdwan, West Bengal 3. Coal Mines Provident Fund through its Commissioner, District-Dhanbad 4. The Regional Commissioner, Coal Mines provident Fund, District-Burdwan, West Bengal 5. Grievance Officer, Coal Mines Provident Fund, District Dhanbad ......Respondents.

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CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH

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For the Petitioner : Mr. Rohit Roy, Adv. For the Respondent-E.C.L : M/s. Rajesh Lala, Arpit Kumar, Advs. For the Respondent-C.M.P.F : Mr. Prasant Vidyarathi, Adv.

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4/16.8.2016 Heard learned counsels for the petitioner, Eastern Coalfields Ltd. and Coal Mines Provident Fund.

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Petitioner is the widow of Late Bipin Bihari Sharma, who died in harness in July, 2000, while working on the post of Deputy Chief Mining Engineer in M-I Grade. Petitioner is a beneficiary of Coal Mines Family Pension Scheme. Pay revision has been effected in the Coal Company with effect from 1st January, 1997. On petitioner's request, pay scale of her deceased husband was also revised as per Annexure-3 with effect from 1st April, 1997, but not incorrect scale. Consequently, petitioner is receiving less amount of family pension. She has approached the respondent employer, who have also recommended her case through Annexure-5 dated 17th November, 2012 and Annexure-10 reminder dated 4th May, 2015 to respondent no. 4. However, despite representations made by her as also a legal notice such as Annexure-9 to respondent no. 4, the matter has remained pending without any redressal of her grievances.

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Counsel for Respondent-C.M.P.F submits that grievances of the petitioner made through her representation in the light of letters written by respondent authorities of E.C.L shall be considered in accordance with law and if appropriate revision in her family pension is warranted, the

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same may also be done within a period of 8 weeks from the date of receipt of a copy of this order along with representation.

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Accordingly, the writ petition stands disposed of, so that respondent authorities of C.M.P.F take a decision in accordance with law on the petitioner's representation within a period of 8 weeks from the date of receipt of this order along with her representation.

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Needless to say that if the claim of the petitioner for revision in the family pension is found to be admissible, the admissible amount along with its arrear shall be paid without any delay thereafter.

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(Aparesh Kumar Singh,J)

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Sarla Sharma v. Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director And Ors.

Case brief

What is this about?

What did the court decide?

Sarla Sharma v. Eastern Coalfields Ltd. Through Its Chairman Cum Managing Director And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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