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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Sawarni Devi - Petitioner
Versus
Coal Mines Provident Fund Organization through its Regional Commissioner-Region-II and Others - Respondents
W.P.(S) No. 3899 of 2014
Decided On : 02-02-2023
Constitution of India, 1950 – Article 226 – Family Pension – Petitioner has approached this Court with a prayer for a direction upon respondents to pay the Family Pension to petitioner with statutory interest – Held, In absence of any recommendation from M/s. CCL for pensionary benefit as no option was opted by husband of petitioner, there was no occasion to CMPF to release pensionary benefits in favour of petitioner and as such, there is no merit in instant case – Writ petition dismissed.
JUDGMENT :
[S.N. Pathak, J.]
1. The petitioner has approached this Court with a prayer for a direction upon the respondents to pay the Family Pension to the petitioner from 20.10.1998 with statutory interest.
2. After repeated calls, nobody appears on behalf of the petitioner. However, learned counsel for the respondents are present.
3. It has been brought to the notice of this Court that the husband of the petitioner never exercised his option for pensionary benefits and averment to that effect has been made in para 16, 17 & 19 to the counter-affidavit, which reads thus:—
16. The Ex-employee concerned i.e., Late Ganga Mahto while filling up forms PS-3 and PS-4 did not exercise option in Form PS-1 in order to eligible for pension under CMPS-1998.
17. Even subsequently, the ex-employee concerned i.e. Late Ganga Mahto CMPF Account No. D/375876 during his life time did not exercise option form PS-1 of CMPS-1998 in order to be eligible for pension under CMPS 1998.
19. In view of the above, the petitioner Smt. Swarni Devi is not entitled to get pension under Coal Mines Pension Scheme, 1998.
4. In absence of any recommendation from the M/s. CCL for pensionary benefit as no option was opted by the husband of the petitioner, there was no occasion to CMPF to release the pensionary benefits in favour of the petitioner and as such, there is no merit in the instant case.
5. Resultantly, writ petition stands dismissed.
SupremeToday
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