Single judge order dismissing a writ petition seeking family pension. Court held that as the deceased employee did not opt for pension under the Coal Mines Pension Scheme 1998, no benefits were payable to the petitioner.
Direction to pay family pension from 20.10.1998 denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3899 of 2014
Sawarni Devi
… Petitioner
Versus
1. Coal Mines Provident Fund Organization through its Regional Commissioner-Region-II, Chutia, Ranchi
2. M/s. Central Coalfields Limited through its Chairman-cum-Managing Director, Darbhanga House, Ranchi
3. Director Personnel, CCL, Darbhanga House, Ranchi
4. The General Manager (P & IR), CCL, Darbhanga House, Ranchi
5. The Chief General Manager (A), CCL, Argoda, Ramgarh, Hazaribagh now Ramgrah
6. The Project Officer, Sirka Colliery, CCL, Argora, Ramgarh, Hazaribagh, now Ramgarh
7. The Manager personnel, Sirka Colliery, CCL, Argoda, Ramgarh, Hazaribagh, now Ramgarh .. Respondents
CORAM: HON'BLE DR. JUSTICE S. N. PATHAK
For Petitioner : XX For Respondents : Mr. Bhaiya V. Kumar, Advocate Mr. Prashant Kr. Singh, Advocate ---
2. After repeated calls, nobody appears on behalf of the petitioner. However, learned counsel for the respondents are present.
3. It has been brought to the notice of this Court that the husband of the petitioner never exercised his option for pensionary benefits and averment to that effect has been made in para 16, 17 & 19 to the counter-affidavit, which reads thus:-
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CMPF Account No.D/375876 during his life time did not exercise option form PS-1 of CMPS-1998 in order to be eligible for pension under CMPS 1998.
(Dr. S.N. Pathak, J.)
/punit/
1 issue framed by the court
Whether the petitioner is entitled to family pension when the deceased ex-employee did not exercise option for pension benefits.
1 provisions across 1 enactments
Sawarni Devi
Coal Mines Provident Fund Organization
M/s. Central Coalfields Limited
Director Personnel, CCL
The General Manager (P & IR), CCL
The Chief General Manager (A), CCL
S. N. Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
