Pramath Patnaik, J. - (1.) THIS writ application has been preferred by the petitioner praying inter alia for direction upon respondents to provide Pension as per amendment in Coal Mines Pension Scheme, 1998 (in short 'C.M.P.S., 1998') vide G.S.R. No. 154(E) dated 5.3.2009 with statutory interest. The factual matrix, as delineated in the writ application, in a nutshell is that the petitioner was an employee of M/s. C.C.L. working as a loader in Sayal 'D' colliery in the district of Hazaribagh at present Ramgarh and the petitioner was superannuated from service in the year 1998 after completion of 60 years. Although, initially the petitioner was appointed in the year 1962 and the Family Pension Rules came into existence in the year 1971, but due to ignorance the petitioner could not become a member of the Family Pension Scheme as per the said Rules. But, in the year 1989 when the provision started for reforming the Pension Rules for Coal Workers 2% and one Special Annual SPRA has been deducted as per the rule from the wages of the petitioner along with other employees of the Coal Industry those who were member or not of the Coal Mines Family Pension Scheme, 1971.
(2.) THE Coal Mines Pension Scheme, 1998 has been approved on 5.3.1998 but implemented from 1.4.1994, and as per paragraph Nos. 2 and 2(A) of the C.M.P.S., 1998, the petitioner is entitled for pension and may be entitled for pension but due to illiteracy he could not fill up the pension forms. On the basis of deduction of 2% and one special annual SPRA from 1.4.1989 till the retirement, the petitioner submitted application before the respondents to get the benefits of Family Pension, but, when no action was taken by the respondents, the petitioner filed writ petition being W.P.(S) No. 2434 of 2008 before this Court, which was dismissed as withdrawn vide order dated 4.11.2009, annexed as Annexure -1 to the writ application, with liberty to the petitioner to file writ application if further exigency so warrants and accordingly direction was made to withdraw the amount of Rs. 20,549/ - from the cash section of the respondent(s) concerned.
(3.) IT has further been averred in the writ application that as per the amendment in Coal Mines Pension Scheme, 1998 vide G.S.R. No. 154(E) dated. 5.3.2009 extension of further time limit for exercising option in PS -1/PS -2, for eligibility of Coal Mines Pension Scheme, 1998 has been made vide Annexure -2. The petitioner states that he has filled up the application form on 11.12.2009, at Annexure -3 series, for payment of pension to the respondent No. 6 and the respondent No. 6 has inquired the petition of the petitioner regarding filling up of the form. Again the petitioner has filed an application on 14.12.2009, at Annexure -3 series. With the aforesaid averments, the petitioner has approached this Court under Article 226 of the Constitution of India for redressal of his grievance. Counter -affidavit has been filed on behalf of the respondent Nos. 1 to 6 controverting the averments made in the writ application. In the counter -affidavit it has been stated that the Annexure -4 to the writ application is the manufactured document which would be evident from the Annexure -3 itself. It has been stated in the counter -affidavit that the petitioner designated as loader was a workmen of respondent -C.C.L. at Sayal 'D' Colliery under Barka Sayal Colliery and retired from service from the said company on and from 14.8.1993. But, the petitioner continued in service beyond the normal period of superannuation i.e. 14.8.1993 till 2.6.1998 wrongly due to tampering and manipulation in the original service sheet. He was superannuated w.e.f. 14.8.1993 vide office order dated 2.6.1998 vide Annexure -A to the counter -affidavit. It has further been submitted that gratuity amounting to Rs. 71,931/ - has already been paid by a cheque bearing No. 894660 dated 8.11.2000 which the petitioner has received on 29.11.2000, as evident from the photocopy of the receipt, annexed as Annexure -B to the counter -affidavit. It has also been stated that the petitioner had submitted an application for refund of 2% pension amount which was deducted from the salary bill during his service and accordingly, his refund of 2% pension bill was prepared as because the petitioner was not a member of Family Pension Scheme, 1971 and amount of Rs. 20,549/ - against 2% pension has been returned to the Area Accounts Office, Barka -Sayal by letter dated 15/20.7.2008 owing to its expiry. The petitioner has also been paid LTC amount of Rs. 3,568/ - for the block year 1991 -94 and LLTC amounting to Rs. 8,112/ - for the block year 1995 -98 as evident from the Annexure -'E' to the counter -affidavit. So far as the claim of the petitioner for grant of pension as per amendment of the Coal Mines Pension Scheme, 1998 vide G.S.R. No. 154(E) dated 15.3.2009 with interest is concerned it has been stated that in spite of the fact that the petitioner has knowledge that he had to fill P.S. -1 Form but he did not fill up the P.S. -1 Form. The petitioner has only sent the representation dated nil in the office of the Sayal 'D' Colliery and never turned up for the collection of the P.S. -1 Form under Pension Scheme. As such due to non filing of P.S. -1 Form the petitioner is not eligible for pension under CMPS -1998. It has also been stated in the counter -affidavit that on 15.12.2009, the petitioner sent a representation claiming to become a Member of Pension Scheme at Annexure -'F' to the counter -affidavit but the representation was duly considered and the same was rejected and the order was communicated to him vide Annexure -G to the counter -affidavit.;