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2021 Supreme(SC) 699

R.SUBHASH REDDY, HRISHIKESH ROY
Veena Pandey – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s):Aditya Malhotra, Yadav Narender Singh, Advocates
For the Respondent(s):Gurmeet Singh Makker, Ashwarya Sinha, Aditya Malhotra, Madhusmita Bora, Prema Priyadarshani, Ritu Raj Singh Jamwal, Advocates

JUDGMENT :

HRISHIKESH ROY, J.

1. Leave granted.

2. The present appeal arises out of claims for pensionary benefits under the Coal Mines Pension Scheme, 1998 (hereinafter referred to as the ‘Pension Scheme 1998’ for short). The appellant’s husband Ramashankar Pandey rendered service in the South Eastern Coal Fields Ltd. Bilaspur, after being transferred from Bharat Coking Coal Ltd. in 1999. The employee retired on 31.05.2004 as Chief Personnel Manager at Bilaspur and later settled in Bhojpur, Bihar with his family. He opted for receiving 90% pension during his life time as provided under Para 15 1(b) of the Pension Scheme, 1998 effective from 31.03.1998. Since the employee opted to receive 90% of the total admissible amount of the pension during his lifetime, on his death on 12.01.2011, the widow of the pensioner became entitled to receive in lump sum, an amount equal to 100 times his full monthly pension, in addition to family pension. The record shows that Rs. 7091/- p.m. was sanctioned to the employee as Basic Pension under the Pension Scheme, 1998 w.e.f. 01.06.2004 and 10% of his Basic Pension i.e. Rs. 788/- p.m. was deposited with the department.

3. Following the employee’s death o

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