Disposed¶16

Coal Mines Provident Fund Pensioner Samaj through Its Vice President Ram Pravesh Tiwari v. the Commissioner Coal Mines Provident Fund Organization through Its Commissioner

Jharkhand HC18 Sept 2024WPC/2684/2021

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; W.P.(S) No. 2684 of 2021; CMPFPS v. Commissioner/Assistant Commissioner-1, CMPFO; writ application disposed of as infructuous; Board of Trustees notification dated 06.03.2024; existing employees to continue on as-is-where-is basis under existing pay and allowances; no reopening of past cases for recovery of excess payment; supplementary affidavit dated 09.07.2024; Annexure-3; Deepak Roshan, J.; order dated 18 September 2024.

What did the court decide?

No substantive relief; writ disposed of as infructuous, with liberty reserved to the petitioner to approach the Court if any adverse order is passed. ¶16

Coal Mines Provident Fund Pensioner Samaj through Its Vice President Ram Pravesh Tiwari Vs the Commissioner Coal Mines Provident Fund Organization through Its Commissioner — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 2684 of 2021

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Coal Mines Provident Fund Pensioner Samaj (in short, CMPFPS), Harmu Housing Colony, Ranchi through its Vice President namely, Ram Pravesh Tiwari, aged about 71 years, son of late Jaimangal Tiwari, resident of G-123, Harmu Housing Colony, Ranchi, PO-Harmu, PS-Argora, District-Ranchi834002 (Jharkhand) … ... Petitioner

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Versus

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1.The Commissioner, Coal Mines Provident Fund Organization (CMPFO), a statutory Organization under Ministry of Coal, Government of India through its Commissioner, Police Line, Dhanbad, PO and PS-Dhanbad, District-Dhanbad (Jharkhand)

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The Assistant Commissioner-1 (Admn.), Coal Mines Provident Fund Organization (CMPFO), Police Line, Dhanbad, PO & PS-Dhanbad, District-Dhanbad (Jharkhand) … … Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Niladri S. Mukherjee, Advocate For the Respondent-CMPFO : Mr. Prashant Kr. Singh, Advocate --------

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Order No. 5/Dated: 18^th September 2024

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Learned counsel for the petitioner submits that in view of Annexure-3 annexed with the supplementary affidavit filed on 09.07.2024 it is clear that the Board of Trustees, Coal Mines Fund Organisation has taken a decision that all the existing employee shall continue to function on as is where is basis under existing pay and allowances and other conditions of service until further orders and also that no past cases of availing benefits arising out of any rules and regulations notified previously shall be reopened for recovery of excess payment.

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In view of the aforesaid submission the prayer made in the instant writ application has become infructuous.

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Learned counsel for the respondents submits that the said nonfiction has been issued by the Board of Trustee.

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Having regard to the aforesaid fact and the stipulation made in the notification dated 06.03.2024 the instant writ application has become infructuous. However, the petitioner would be at liberty to approach this

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Court if at all any adverse order will be passed.

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