Badri Prasad vs Central Coalfields Limited & O on 14 May, 2009

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 W.P. (S) No. 1642 of 2009
Badri Prasad                        ...     ... Petitioner.
                         Versus
Central Coalfields Ltd. and others... ...     ... Respondents
                               ......

Coram: Hon’ble Mr. Justice D. N. PATEL
……

For the Petitioner       : Mr. Ravi Kumar Singh
For the Respondents      : M/s Ananda Sen, Deepak Roshan
                         ......
02/ Dated 14th of May, 2009

1. Learned counsel for the petitioner submitted that the

petitioner was serving with the respondents and he retired on 19th

December, 1999 and till today pension has not been paid by the

concerned respondent authority and therefore, a direction may be

given to the concerned respondent authority to treat this writ

petition as representation and decide the same within stipulated

time, after giving an opportunity of being heard to petitioner.

2. I have heard learned counsel for the respondents,

who has submitted that they have no much objection, if a

direction is given to the concerned respondent authority to treat

this writ petition as representation and decide the same, within

stipulated time.

3. Having heard learned counsels for both the sides and

looking to the facts and circumstances of the case, I hereby direct

respondent nos. 4 and 5 to treat this writ petition as

representation including all the prayers made in the petition and

decide the same, in accordance with law, rules, regulations,

policies and enforceable Government orders, applicable to the

petitioner, after giving an adequate opportunity of being heard to

the petitioner or to his representative, as early as possible and

practicable, preferably within a period of sixteen weeks from the

date of receipt of a copy of an order, passed by this Court.

4. It is submitted by the learned counsel for the

respondents that if the petitioner is not a member of Coal Mines
-2-

Pension Scheme, 1998, at present, a notification has been

published for giving above option to become a member of the

Scheme for pension and therefore, let petitioner may approach to

the respondent nos. 4 and 5, who will suitably guide the

petitioner that if he is not a member of the Coal Mines Pension

Scheme, he will have to be a member, thereafter. The petitioner

will give all co-operations in filling of the form etc.

5. In view of the aforesaid directions, this petition
stands disposed of.

(D. N. Patel. J)

VK/