JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents to pay pension to the petitioner w.e.f. 01.02.1998 by assessing the same @ 50% of his last drawn basic pay with applicable dearness allowance as well as gratuity amount assessed on full length of service i.e. 33 years 5 months and 13 days along with compound interest @ 18% on the arrears from the date it became due in terms with applicable rules.

2. Learned counsel for the petitioner submits that the petitioner was originally an employee of Central Government working under the Coal Mines Labour Welfare Organization (in short “CMLWO”) from 18.08.1964 to 30.09.1986 and after merger of CMLWO in Coal India Limited (CIL) on 01.10.1986, he became the employee of M/s Bharat Coking Coal Limited (BCCL). The petitioner while working as Executive Engineer (Civil) in the office of General Manager, Western Jharia Area, Moonidih, Dhanbad superannuated on 31.01.1998 after attaining the age of 58 years. The petitioner was paid gratuity amounting to Rs.23,100/- by CMLWO, Ministry of Coal, Government of India for the period of service rendered by him from 18.08.1986 to 30.09.1986 whereas he was paid gratuity amounting to Rs.64,147/- by the BCCL for the period of service rendered by him from 01.10.1986 to 31.01.1998 (total Rs.87,247/-) which was received by him under protest.

3. It is also submitted that vide office memorandum dated 25.09.1989 issued by the General Manager (P), CIL, Calcutta, the maximum ceiling limit of gratuity was fixed as Rs.1,00,000/- which was subsequently revised vide office memorandum dated 21.10.1997 issued by the Director (P&IR), CIL, Calcutta providing maximum ceiling limit of gratuity from Rs.1,00,000/- to Rs.2,50,000/- to executive cadre employees of CIL and its subsidiary companies. Thus, the petitioner is also entitled to be paid the gratuity amount of Rs.2,50,000/-.

4. It is further submitted that similarly situated persons had filed applications before the Controlling Authority under the Payment of Gratuity Act, 1972 (in short, “the Act, 1972”) for payment of gratuity assessed on full length of service and vide orders dated 26.05.1997 and 25.02.2000 passed by the Assistant Labour Commissioner (Central), Dhanbad-IV and the Assistant Labour Commissioner (Central), Dhanbad-II respectively, the respondent-BCCL was directed to pay gratuity amount to the concerned persons taking into consideration their full length of service and the said orders were complied by the concerned respondent. Similar grievances were raised by the concerned employees before the Patna High Court (Ranchi Bench) as well as Calcutta High Court claiming fixation of pension @ 50% of the last drawn basic pay along with applicable D.A. and in terms with orders dated 13.09.1994 and 30.11.1998 passed by the aforesaid High Courts respectively, pension @ 50% of last drawn basic pay was allowed but without D.A. Thereafter, the grievance with respect to D.A. on pension was agitated before the Hon’ble Supreme Court of India vide S.L.P(Civil) No. 3617/2000 in which relief was extended to the concerned employees with respect to D.A. on pension.

5. Learned counsel for the petitioner also submits that as per letter dated 07.08.2001 issued by the Sr. Accounts Officer, Regional Pay and Accounts Office (Coal), Dhanbad, pension of Rs.693/- per month w.e.f. 01.10.1986/Rs.2,117/- per month w.e.f. 01.01.1996 is being paid to the petitioner since 01.02.1998 in place of Rs.7,798/- per month. The petitioner filed representations dated 12.03.2001, 03.12.2002, 21.01.2011 and 24.07.2015 before the concerned authorities of BCCL, Ministry of Coal, Government of India as well as before the Coal Mines Provident Fund Commissioner, Dhanbad on the said issue along with all relevant documents, circulars and order of the Hon’ble Supreme Court but even after more than 15 years, no action has yet been taken by them.

6. It is also submitted that the merger clause provided under Coal Mines Lab