IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.685 of 2011
Bachiya Devi ... ... Petitioner
Versus
Coal Mines Provident Organization & ors. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. N.K.P. Sinha, Advocate
For the Respondents : Mr. Ratnesh Kumar, Advocate
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02/11.07.2011
. Heard learned counsel appearing for the petitioner and learned
counsel appearing for the respondents.
Learned counsel appearing for the petitioner submits that when
the pension was not paid to the widow of the deceased employee late
Sidheshwar Ram, this writ application was filed. During the pendency of this
writ application, widow pension was paid to the petitioner @ Rs.218 per month,
though the petitioner would be entitled to get a sum of Rs.390 per month, in
terms of the provision as contained in para-12(1) of the Coal Mines Pension
Scheme, 1998 and that apart, under the said Scheme, the petitioner is also
entitled to ex-gratia payment.
Since, the grievance has never been raised before the authority,
it would proper and appropriate to dispose of this writ application, directing the
petitioner to represent the matter before the respondent No.1-Regional Coal
Mines Provident Fund Commissioner, Region-II, Ranchi, raising her grievance
of less fixation of the amount of widow pension which is not in accordance with
para-12(1) of the Coal Mines Pension Scheme, 1998 and also with respect to
payment of ex-gratia, which the petitioner is entitled to get, under the rule,
within a period of two weeks, so that the decision be taken by the respondent
No.1 within a period of six weeks thereafter.
Accordingly, this writ application is allowed.
(R.R. Prasad, J.)
Ravi/