- (1.) HEARD Shri Prashant Pallav, learned counsel for the petitioners, Shri Ananda Sen, learned counsel for the respondent CCL and Shri Ratnesh Kumar, learned counsel for the respondent CMPF.
(2.) PETITIONERS in this writ application, have prayed for a direction upon the respondents to quash the demand notice (Annexure -7 series) issued by the respondents in April, 2004, whereby petitioners have been called up to deposit certain amounts of money in order to make assessment and payment of pension amount to the petitioners. A further prayer has been made for a direction upon the respondents to pay forthwith the pension to the petitioner, both arrears as well as current pension with interest @24% per annum under Coal Mines Pension Scheme 1998. The petitioners' claim is made under Coal Mines Pension Scheme, 1998. They had retired from services of the respondent C.C.L. in between 1998 to 2002. Though, their claim for pension was denied and disputed, but subsequently, it was acknowledged by the respondents that they are entitled to the benefits under Coal Mines Pension Scheme, 1998, though from the year 2003. Such entitlement was made subject to the condition that the petitioners have to deposit their part of contribution along with interest, so that their pension will be fixed accordingly and payment thereof will be made. The impugned demand notice (Annexure -7 series) specify the amounts to be deposited by the individual petitioners. The petitioners have challenged the impugned demand as being arbitrary and without any legal basis.
(3.) LEARNED counsel for the petitioners explains by raising several grounds that the demanded amount is in fact arbitrary and furthermore, the petitioners from the very beginning, have called upon the respondent authorities to make a reassessment of the amount and inform them the correct amount so that they would be able to pay the amount to the respondents promptly, but it is the respondents who have adopted a stubborn attitude and the request made by the petitioners in this regard, appears to have fallen on deaf ears.;