Judgment:
Narendra Nath Tiwari, J.
1. In this writ petition, the petitioner has prayed for a direction on the respondents to fix monthly pension and to pay the same with effect from 31st August, 2001 and to release the arrears of pension payable to him with effect from the said date with statutory interest. He has further rayed for quashing the letter dated 20th August, 2003, whereby the petitioner has been asked to deposit the sum of Rs. 63,056/- (rupees sixty three thousand fifty six) in pension fund to get his monthly pension. Alternatively, he has also prayed for refund of the fund deposited in his C.M.P.F. Account No. D/419532.
2. According to the petitioner, he was the member of the C.M.P.F., being Account No. D/419532. He retired from the services of the Central Coalfields Ltd., Rajrappa on 31st August, 2001 from the post of Timber Mistry G.M.(R)'s Unit E/M (TS), Rajrappa Area. The petitioner, on retirement, submitted his claim for gratuity, C.M.P.F., pension etc. within a fortnight of his retirement, but only the amounts of gratuity and C.M.P.F. have been paid. The petitioner is entitled to get monthly pension having served the Respondent-Company 'or more than 30 years in terms of Paragraph 10 of the Coal Mines Pension Scheme, 1998. Under the said scheme, the pension contribution was deducted from the petitioner's salary regularly. The petitioner is, thus, entitled to get his monthly pension. However, by Letter No. CMPF/Pension/RMG/31/R/II/63 dated 20th August, 2003, the Regional Commissioner Coal Mines Provident Fund asked the petitioner to deposit Rs. 63,056/- (rupees sixty three thousand fifty six) in pension fund to get his monthly pension, though the petitioner's contribution towards the fund was deducted from his salary regularly. The petitioner made representation against the said letter, but the Respondent-Company by its Letter No. CGM(R)/Estb.Pen-11/02/805 dated 6th September, 2003 intimated the petitioner that he is eligible for pension under the Coal Mines Scheme, 1998 and for that he was directed to submit necessary papers in the office, but in spite of the same, no order has been passed regarding payment of monthly pension and on the contrary, the demand notice was served on the petitioner, directing him to deposit Rs. 63,056/- (rupees sixty three thousand fifty six), after two years of his retirement.
3. It has been submitted that the action and attitude of the respondents are wholly arbitrary, illegal and unjust and they are liable to pay the monthly pension to the petitioner in terms of the provision of the said scheme, but the petitioner's benefit has been withheld arbitrarily without any just reason.
4. Counter affidavits have been filed on behalf of the Respondent-CCL as also on behalf of the Respondent No. 5, Regional Commissioner, Coal Mines Provident Fund. The employer-CCL in its counter affidavit, inter alia, clearly stated that 2% amount was being deducted from the petitioner's salary with effect from 1989, as he had opted for pension in Pension Scheme No. 1. It has been stated that part of the family pension was already refunded to the petitioner along with provident fund amount. The Regional Commissioner, Coal Mines Provident Fund, on the other hand, inter alia, stated that the Coal Mines Pension Scheme 1998 is a Contributory Pension Scheme and in order to get the benefit of the said scheme, the person has to deposit his contribution towards the pension fund. The contribution was deducted from the petitioner's salary since 1998 and he has not deposited his contribution prior to 1998, which is a condition precedent for getting the monthly pension. The impugned demand notice dated 20th August, 2003 was, thus, sent to the petitioner directing him to deposit Rs. 63,056/-(rupees sixty three thousand fifty six) towards contribution amount of 1998 period, which was returned for paying monthly pension to the petitioner. It has been stated that in absence thereof, the petitioner is not entitled to get the family pension.
5. I have heard learned Counsel for the parties and perused the facts and materials on record. The statement made by the Regional Commissioner, Coal Mines Provident Fund, is contradictory to the statement made by the employer-company. The employer-company in Paragraph 10 of its counter affidavit has clearly stated that 2% pension was being deducted from the petitioner's salary with effect from April, 1989. It has been also stated that the petitioner had opted for pension scheme in Pension Scheme No. 1. Since the employer-company has deducted the amount with effect from 1989 from the petitioner's salary, there is no question of further demand of any 'amount as contribution to the fund from 1939 onwards.
6. Learned Counsel for the CMPF, regarding Annexure-3 to the writ application, submitted that whatever the amount was collected as contribution was also refunded to the petitioner vide P.O. No. 70(01 -02) dated 27th March, 2002.
7. On the perusal of the said annexure, I find that this is a demand notice directing the petitioner to deposit Rs. 63,056/-(rupees sixty three thousand fifty six), which does not show that whatever the contribution deposited out of the petitioner's salary towards the fund has been paid to the petitioner. Since the employer has clearly stated that the petitioner had opted for pension and contribution from his salary was made with effect from 1989, the respondent cannot deny the petitioner's monthly pension on such vague ground.
8. The Regional Commissioner, Coal Mines Provident Fund, Region-II, Respondent No. 5 is, thus, directed to consider the petitioner's claim regarding monthly pension and pass appropriate order, in accordance with law, within a period of six weeks from the date of receipt/production of a copy of this order. If the contribution, as admitted by the employer, had been received in the office of the said respondent and if there is no other legal impediment, the admissible monthly pension as also arrears thereof shall be paid to the petitioner with statutory interest within the said period. If the amount found payable to the petitioner is not paid within the said period, he shall be entitled to get interest @ 10% per annum till final payment in addition to the statutory interest.
9. With the said observations and directions, this writ petition is disposed of.