- (1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to pay the amount of C.M.P.F and also to pay pension to the petitioner. It has been stated that the petitioner is the daughter of legally married wife of Late Mukesh Kumar Srivastav, an ex -employee of the respondents -B.C.C.L. The petitioner's father died in harness on 26.8.08. During the life time of the petitioner's father, the petitioner's mother and brother had died and she is the only surviving heir of her father. The petitioner's father had also made her nominee in his service record and also in the C.M.P.F record, After the death of her father, the petitioner requested the respondents to pay the amount of C.M.P.F and also to pay the pension, which the petitioner is entitled to get, but in spite of repeated requests and representations, nothing has been paid to the petitioner till date.
(2.) LEARNED counsel appearing on behalf of the B.C.C.L submitted that the petitioner's representation had been considered by the competent authority and the papers were forwarded to the Office of the C.M.P.F. A counter affidavit has been filed on behalf of the C.M.P.F (respondent No.4). It has been, inter alia, stated that though papers have been received in the Office of the C.M.P.F, the colliery Management has also added the name of one Smt. Arti Devi, who claims to be the second wife of the petitioner's father and on that basis she is claiming the amount of C.M.P.F. It has been further stated that the petitioner's father had not given the name of the petitioner in the Nomination Form 'A'. Only in Schedule 'C', the names of the petitioner's mother and brother appear. However, the petitioner being the only survivor as per the Schedule 'C', is entitled to get the P.F accumulation of the deceased member as per Para 64(ii) of the C.M.P.F Scheme.
(3.) LEARNED counsel for the respondent No.4 submitted that the delay in payment of the C.M.PF amount was due to receipt of the claim of Smt. Arti Devi. It has been further submitted that the matter shall be considered and appropriate order shall be passed without further delay.;