Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner and the opposite parties, officials of the C.M.P.F.
(2.) The operative portion of the order dated 25.6.2015 passed in W.P.S. No. 2470 of 2008 is as under:- "In the wake of the aforesaid facts and circumstances, the stand of the respondents does not appeal to reason. The conduct of the respondentsemployer and the CMPF in making deductions from the salary of the petitioner for the period of almost 26 years and thereafter payment of Pension to the petitioner after his retirement in 2003 till the year 2007 itself indicates that the petitioner was treated to be member of the Coal Mines Family Pension Scheme 1971 and also deemed to have continued under the CMPS 1998. In the aforesaid circumstances, the respondent CMPF should process the admissible claim of the petitioner on account of the CMPS 1998 for the payment of pension to the petitioner in accordance with law. Let such exercise be conducted within a period of eight weeks from the date of receipt of a copy of this order. Needless to say, the petitioner shall co-operate in the matter. If any amount received earlier by him is to be refunded by him, he should deposit the amount specified by the CMPF in order to process his claim and make payment of pension. Accordingly, impugned order dated 10.1.2008 is quashed and the writ petition is allowed in the aforesaid terms."
(3.) The opposite parties CMPF have in their second supplementary show cause stated that CMPF refund of Rs.7,26,808/- has been settled and paid in August, 2005 which includes CMPF contribution ( member share and employer share) and Family Pension Contribution ( member share and employer share) along with upto date interest up to the time of refund as the member was non-optee of CMFPS 1971. That due to mistake petitioner's pension claim was settled in the year 2007 and an amount of Rs. 78,292/- (including arrear amounting to Rs. 68,080/- for the period 01.01.2004 to 30.04.2007 and monthly pension @ Rs.1702/- for the period 01.05.2007 to 30.10.2007) was wrongly paid to the member. The same is also to be refunded by him. They had raised the demand of Rs. 2,51,441/- up to July,2016. Opposite parties thereafter furnished the break up of the shares of the petitioner towards family pension contribution and employer contribution as Annexure-E and E/1.;