NARENDRA NATH TIWARI, J. - (1.) IN this writ petition the petitioner has prayed for a direction on the respondents to fix and pay his pension and also to pay the night allowance and other admissible benefits. It has been stated that after attaining the age of 60 years, the petitioner superannuated from service as Mining Sirdar on 31.12.1995. The petitioner was appointed as Coal Cutter on 31.12.1962 in Dakra Colliery of the C.C.L. During his service period, he was given promotion to the post of Mining Sirdar and as per NCWA. -IV Paras 2 -11, on completion of 10 years of service in the same grade, he was upgraded to the next higher grade. After his retirement the petitioner was also given No Dues Certificate. The petitioner was entitled to get the amount of C.M.P.F., Gratuity and pension. He has received the amounts of C.M.P.F. and gratuity, but the pension has not been fixed and paid to the petitioner till date. It has been submitted by learned Counsel for the petitioner that 2% was deducted from the petitioner's salary towards the Pension Scheme and as such he is entitled to get pension. The petitioner is also ready and willing to submit the prescribed form, if any.
(2.) COUNTER affidavit has been filed on behalf of the respondents stating, inter alia, that all the admissible benefits have already been paid to the petitioner including the night allowance. So far as the claim of pension is concerned, the petitioner is not entitled to get the same. The pension is payable to the employees who had exercised the said option in Form PS -2. The petitioner had never exercised his option in the said form and in absence thereof as per the provisions of the Coal Mines Pension Scheme, 1998 he is not eligible for getting pension under the said scheme. Learned Counsel appearing on behalf of the C.C.L as also for the C.M.P.F. submitted that under the Pension Scheme, the employees had to exercise option for pension in the prescribed Form PS -2 and the said option was to be exercised within the specified period which the petitioner had not done and as such he is not eligible for pension now. The respondents, however, conceded that 2% was deducted from the petitioner's salary towards the Pension Scheme and there was option either for pension or in lieu thereof the employees are entitled to get the lump sum of the deducted amount with interest. It is also admitted that the deducted amount with interest has not been paid to the petitioner. Learned Counsel submitted that since the petitioner has claimed for pension, the lump sum amount could not be refunded to him and if the petitioner makes such prayer, the same shall be considered and appropriate order shall be passed.
(3.) CONSIDERING the said submissions made by learned Counsel for the parties and in the facts and circumstances of the case, this writ petition is disposed of giving liberty tb the petitioner to file appropriate representation before the Project Officer, Dakra Colliery (respondent No. 2). If such representation is filed, the said respondent shall consider the same and pass appropriate order in accordance with law within a period of six weeks from the date of receipt of the representation. If the petitioner is found entitled to get the admissible amount as claimed by him, the same must be paid to him along with the statutory interest within a period of four weeks thereafter. If the amounts, found payable to the petitioner, is/are not paid within the said period, the petitioner shall be entitled to get interest @ 10% per annum till final payment in addition to the statutory interest payable on delayed payment of such dues.;