N.N.TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for a direction on the respondents to fix the family pension and pay the amount of C.M.P.F., which the petitioner is entitled to receive the same after the death of her husband on 2.1.2004.
(2.) IT has been stated that the petitioners husband, Churan Ganjhu who was working in Kedla Underground Project, Central Coalfields Limited as piece rated worker, died in harness on 2.1.2004. The petitioners husband was a member of C.M.P.F. being C.M.P.F. A/c. Number RMG/12 -264 and his employment code was 475448. The petitioner being widow of late Churan Ganjhu, applied for family pension and C.M.P.F. and other benefits, payable on death of the employee. The petitioner got amount of gratuity from the employer, but still the family pension and amount of C.M.P.F. have not been paid to her, in spite of repeated requests and representations. A counter -affidavit has been filed on behalf of respondent Nos. 2 to 5 stating, inter alia, that they have already forwarded the petitioners relevant documents with the recommendation to pay the C.M.P.F. and family pension and the matter is pending before the C.M.P.F. It has been stated that in spite of receipt of the papers, the respondent -C.M.P.F. unnecessarily demanded the claim papers in the name of Tetri Devi, which, according to them, was made nominee. The respondents clarified that the petitioner, Most. Tetri Devi is the widow of late Churan Ganjhu. In spite of the same, amount of C.M.P.F. has not been paid to the petitioner.
(3.) A counter -affidavit has also been filed on behalf of C.M.P.F. stating, inter alia, that the claim of the petitioner was not received in the office of C.M.P.F.;