Urmila Devi Vs M/S Central Coalfields Limited Represented through Its Chairman Cum Managing Director — Jharkhand HC (2024) — LawSathi Research

Urmila Devi Vs M/S Central Coalfields Limited Represented through Its Chairman Cum Managing Director — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application allowed: respondents directed to pass a positive order for payment of family pension to petitioner within six weeks from date of receiving pension papers; pending I.A., if any, disposed of.

Issue for consideration

Whether family pension (with arrears) under the Coal Mines Pension Scheme should be released to the petitioner notwithstanding that her name does not appear in the service book of her deceased husband. +1 more

Court's answer

Since the petitioner is receiving monetary compensation amount and other benefits from the respondents against the death of her husband, the question of again establishing her identity does not arise for releasing family pension to her — i.e., non-appearance of her name in the deceased husband's service book is no bar.

Ratio / Principle

Respondents are directed to pass a positive order for payment of family pension to the petitioner within six weeks from the date of receiving of pension papers.

Detailed headnote1 paragraphs

W.P.(S) No. 5308 of 2022, High Court of Jharkhand at Ranchi (Ambuj Nath, J.), disposed 10.09.2024. Urmila Devi, widow of Rameshwar Mahali — a Piece Rated Worker of Khas Mahal Project, B & K Area, M/s Central Coalfields Limited (PIS No. 11963857; CMPF A/c No. KGL/30/1798) who died in harness on 27.03.2002 — sought direction for payment of family pension with arrears under the Coal Mines Pension Scheme. CCL contended family pension was withheld because her name did not appear in the deceased's service book; the Regional Commissioner, CMPF stated no pension papers had been received and no decision taken. Noting the petitioner was already in receipt of monetary compensation and other benefits against the death (compensation per Clause 9.5.0, National Coal Wage Agreement, pursuant to Single Judge order dated 02.04.2018 in W.P.(S) No.1288/2016), the Court held that the question of again establishing her identity did not arise for releasing family pension, and directed the respondents to pass a positive order for payment of family pension within six weeks of receipt of pension papers. Writ application allowed; pending I.A. disposed of.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 5308 of 2022

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Urmila Devi, Wife of Late Rameshwar Mahali, aged about 50 years, at present residing at Paschim Palli, Near Block 36/10, D.V.C Colony, Chandrapura, P.O & P.S Chandrapura, District Bokaro, Jharkhand. …… Petitioner(s)

Versus

M/s Central Coalfields Limited, represented through its Chairman-cumManaging Director, at Darbhanga House, P.O Head Post Office, Ranchi, P.S Kotwali, District Ranchi, Jharkhand.

The Project Officer, A.K.K.O.C.P., M/s Central Coalfields Limited, at & P.O. Sunday Bazar, Khas Mahal, P.S. Bermo, District Bokaro, Jharkhand.

The Deputy Personnel Manager, A.K.K.O.C.P., M/s Central Coalfields Limited, at & P.O. Sunday Bazar, Khas Mahal, P.S. Bermo, District Bokaro, Jharkhand. 4. The Regional Commissioner, Coal Mines Provident Fund, Zila Parishad Bhawan, Region-III, P.O Ranchi, P.S Kotwali, District Ranchi, Jharkhand.

…… Respondent(s)

CORAM: HON’BLE MR. JUSTICE AMBUJ NATH

For the Petitioner(s) : Mr. Niranjan Singh, Advocate For the CCL : Mr. Arshad Hussain, Advocate For the CMPF : Mr. Prashant Vidyarthy, Advocate

15/ Dated 10.09.2024

Petitioner has filed this writ application for issuing direction upon the respondents for payment of family pension amount alongwith its arrears under Coal Mines Pension Scheme in respect of her deceased husband namely Rameshwar Mahali, who died in harness on 27.03.2002, while working as Piece Rated Worker under Khas Mahal Project, B & K Area of M/s Central Coalfields Limited having PIS No. 11963857 and CMPF A/c No. KGL/30/1798.

The petitioner had earlier moved before this Hon’ble Court in W.P.(S) No.1288/2016 seeking direction upon the respondent-M/s Central Coalfields Limited to pay monetary compensation to her in terms of Clause 9.5.0 of National Coal Wage Agreement. The Hon’ble Single Judge of this Court in the aforesaid writ petition vide order dated 02.04.2018 directed the respondents to pay her monetary compensation in terms of Clause 9.5.0 of National Coal Wage Agreement. The petitioner is getting monetary compensation in the light of the aforesaid order.

The contention of the learned counsel for the respondent-CCL is that family pension is not being paid to her because her name is not appearing in the service book of her deceased husband.

Learned counsel for the respondent No.4 the Regional Commissioner, CMPF has submitted that no pension paper has been received by this respondent and as such, no decision has been taken in this regard.

When the petitioner is receiving monetary compensation amount and other benefits from the respondents against the death of her husband, the question of again establishing her identity does not arise for releasing family pension to her. 6. Accordingly, the respondents are directed to pass a positive order for payment of family pension to the petitioner within six weeks from the date of receiving of pension papers. As such, this writ application is allowed.

Pending I.A., if any, also stands disposed of.

(Ambuj Nath, J.)

BS/-