NARENDRA NATH TIWARI, J. - (1.) THE petitioners, in this writ petition, have prayed for quashing the letter No. 49017/100/2005 -PRIW dated 30.6.2006 issued by the Director, Ministry of Coal, Government of India, by which the request of the petitioners for adjustment of the amount towards the contribution of the family pension out of the pension amount payable to the petitioners under Coal Mines Pension Scheme, 1998 (for short Scheme) has been rejected.
(2.) IT has been stated that the petitioner No. 1, who was the employee of C.C.L., was superannuated in 1999 and petitioner No. 2, who was also the employee of C.C.L., was superannuated in 2002. Earlier there was no provision for pension to the retired employees who were not covered under the said Scheme. Subsequently, provision was made by Notification No. GSR 107(E) dated 13 th February, 2003 under which the petitioners were also entitled to get pension. The petitioners, for that purpose, requested the respondents to adjust the amount payable towards the Contributory Pension Scheme and from the arrears payable to the petitioners, but the respondents have arbitrarily refused the petitioners request. Learned Counsel, appearing on behalf of the respondents, contested the petitioners claim stating, inter alia, that the pension is payable to the members of Contributory Pension Scheme, on getting the deposits at the contribution amount. There is no provision for adjustment of the contribution towards the amount payable to the petitioners. The petitioners were directed to deposit the amount of the Contributory Pension Scheme, so that pension can be paid to them.
(3.) LEARNED Counsel, appearing on behalf of the petitioners, submitted that the petitioners are retired persons and they are not in good financial position to deposit the amount of contributory pension for getting the benefit of pension. The amount, payable by them towards Contributory Pension Scheme, can be calculated and adjusted and the balance amount of pension payable to the petitioners can be paid to them. If has been further submitted that if the same is not done, they will not get the benefit of the said scheme for want of money required to be deposited towards the contribution of the scheme of which the petitioners are members. The respondents earlier had made provision for adjustment of the arrears of contribution pension from the amount payable under the Scheme, 1998, which has been issued by the Coal Mines Provident.;