JUDGEMENT
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(1.) Heard the learned counsel for the parties and with their consent, this
writ application is disposed of at the stage of admission.
(2.) The petitioner, in this writ application, has prayed for a direction upon
the Respondents to pay him his retiral dues, which according to the petitioner, has
not been paid since after the date of his retirement.
(3.) In the counter affidavit of the Respondents, it has been stated that the
petitioner has already been paid a sum of Rs.3,33,380.88/- towards his Gratuity,
another amount of Rs.872/- towards Bonus, difference amount of Gratuity to the
extent of Rs.16,619.12/- and the difference amount of Coal Mines Provident Fund to
the extent of Rs.9,996/- have already been paid to the petitioner. Besides this, the
entire C.M.P.F. Amount, which was payable in the account of the petitioner,
amounting to Rs.1,81,345/- has already been paid to the petitioner.
As regards the petitioner's claim for payment of Pension under
the Coal Mines Pension Scheme, 1998, learned counsel for the Respondents would
inform that the petitioner was earlier a member of the Central Coal Mines Provident
Fund Scheme. The aforesaid C.M.P.F. was merged with the Coal Mines Pension
Scheme, 1998, in the month of October, 2002 and upon such amalgamation, the
petitioner was advised to deposit the required amount of contribution @ 1.16 per
cent and 2 per cent Pension for becoming the member of the Coal Mines Pension
Scheme, 1998. The petitioner having not deposited the demanded amount, he cannot
claim his entitlement for payment of Pension under the Coal Mines Pension Scheme,
1998. It is further informed that a subsequent up-to-date Demand notice has been
issued to the petitioner informing that a sum of Rs. 2,32,609/- has to be deposited by
him for enabling his entitlement for pension under the Coal Mines Pension Scheme
of 1998.;
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