(Taiyab Miah vs . Central Coalfields Ltd. & Ors.)
2023 Latest Caselaw 1372 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P.(S). No. 2338 of 2015
            (Taiyab Miah Vs. Central Coalfields Ltd. & Ors.)
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CORAM : HON'BLE DR. JUSTICE S.N. PATHAK For the Petitioner : Mr. A.K. Sahani, Advocate For the Respondents : Mr. D.K. Chakraverty, Advocate Ms. Preity Sinha, Advocate

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11/ 28.03.2023 The petitioner, an employee of Central Coalfields Ltd., retired in the year 1997 and thereafter, was running from pillar to post for settlement of his claim for pension. However, the word 'settlement' has never reached to a logical end due to playing blame-game by the two big intities of the State i.e. CCL and CMPF though both of them are subsidiary of Coal India Ltd. When nothing was received, the poor petitioner had to knock the door of this Court in the year 2015.

Almost 7 years have passed after filing of the present writ petition but on one ground or the other, the matter has been adjourned but petitioner is yet to get fruits of pension.

Mr. D.K. Chakraverty, learned counsel appearing for the respondent-CCL and Ms. Preity Sinha, learned counsel representing respondent-CMPF submits that till date proper documentation has not been done and in absence of that, the CMPF has not sanctioned the amount payable towards pensionary benefits to the petitioner.

From perusal of the documents brought on record, it appears that on flimsy grounds, the payment has been delayed.

Time and again, in plethora of judgment, it has been held by Hon'ble Apex Court as well as by various High Courts that pension is not a bounty to be given at the hands of the Employer. It is right of an employee to get the pensionary benefits after successful completion of service tenure. It was the duty of the respondents to extend the pensionary benefits at the time of retirement of the petitioner itself and the petitioner cannot be allowed to beg before the respondent-authorities for getting his rightful claim.

Mr. D.K. Chakraverty, learned counsel for the respondent- CCL submits that if further two weeks' time is allowed the matter can be settled.

Enough is enough. Almost 7 years have passed from the date of filing of the writ petition and 26 years have passed since the date of retirement of the petitioner but till date the petitioner has been denied the benefits of pension.

Under such circumstances, I hereby direct the respondent Nos. 5 and 6 to sit together, calculate the amount and whatever document is required, settle it between them and thereafter, pay the amount of pension to the petitioner, in accordance with law, along with statutory interest @ 6% per annum and a cost of Rs.50,000/- (Rupees Fifty Thousand). The amount of cost should be equally borne by respondent- CCL and CMPF. Let the entire exercise be completed within a period of three weeks from the date of receipt/ production of a copy of this order.

List this case after three weeks, i.e. on 24.04.2023. Let a copy of this order be handed over to the learned counsel for the parties for needful.

(Dr. S. N. Pathak, J.) kunal