CHURAMAN RAJAWAR v. M/S BHARAT COKING COAL LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR
WPC/407/2025 · 2025-12-17
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32595 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32595 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 407 of 2025 ------
Churman Rajawar, S/o Bhagat Rajawar, R/o Basti, PO -Tundoo and PS-Madhuban, Sinidih, District-Dhanbad, Jharkhand.
… … Petitioner(s) Versus
1. M/s Bharat Coking Coal Limited through its Chairman-cum- Managing Director, Office at Koyla Nagar, PO-Koyla Nagar, PS-Saraidhela, District-Dhanbad.
2. Chief Manager (P) MP & R, M/s Bharat Coking Coal Limited through its Chairman-cum-Managing Director, Office at Koyla Nagar, PO-Koyla Nagar, PS-Saraidhela, District-Dhanbad.
3. The General Manager (PF/Pension), M/s Bharat Coking Coal Limited through its Chairman-cum-Managing Director, Office at Koyla Nagar, PO-Koyla Nagar, PS-Saraidhela, District- Dhanbad.
4. The General Manager, (PF/Pension), M/s. Bharat Coking Coal Limited through its Chairman-cum-Managing Director, Office at Koyla Nagar, PO-Koyla Nagar, PS-Saraidhela, District- Dhanbad.
5. The Area Personnel Manager, B.C.C.L., Block II Area, PO & PS. Dhanbad, District-Dhanbad.
6. Coal Mines Providing Fund through its Commissioner, PO & PS-Dhanbad, District-Dhanbad.
… … Respondent(s) ------
CORAM : SRI ANANDA SEN, J. ------
For the Petitioner(s) : Mr. Akshay Kr. Mahato, Advocate
Mr. Apurv, Advocate
For the Respondent(s) : Mr. Prashant Kr. Singh, Advocate
Mr. Karbir, Advocate
------ 05/ 17th December,2025
1.
Heard the parties.
2.
By filing this writ petition, the petitioner has prayed for following reliefs:-
“1. For issuance of an appropriate writ, order or direction, including writ of mandamus, commanding upon the respondents to release the pension of the petitioner due the reason that petitioner has retired from service in the year 2016 and already 7 years have been passed but till date concerned respondents have not released pension in favour of the petitioner.
2. For issuance of an appropriate writ, order or direction, including writ of mandamus, commanding upon the respondents to pay the arrears of pension with interest @ 10% per annum to petitioner due to the reason that already more than 7 years have been passed from the date
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of retirement of the petitioner but without any proper reason, concerned respondents have been sitting tight over the matter.”
3.
During the course of argument, on the last date,
learned counsel for the petitioner admitted that this case is covered by the final order passed in W.P.(S) No.3928 of 2024.
4.
To verify the aforesaid fact, the learned counsel for the respondents took some time. The matter has been listed today.
5.
Today, during course of argument, learned counsel for the respondents submits that on the facts of this case and the law, this case will be covered by the final order passed in L.P.A. No.362 of 2024, M/s Bharat Coking Coal Ltd. & Ors. Vs. Kailash Chandra Mukherjee & Anr.
6.
Learned counsel appearing on behalf of the petitioner also admits that this case now will be covered by L.P.A. No.362 of 2024, M/s Bharat Coking Coal Ltd. & Ors. Vs. Kailash Chandra Mukherjee & Anr.
7.
In the aforesaid case, the claimant was directed to deposit his contribution towards pension for the qualifying period along with amount which he had already received, if any, then only the petitioner will be eligible to receive pension along with the arrears.
8.
I have gone through the judgment of Kailash Chandra Mukherjee & Anr. (supra) and have heard the arguments of the parties and have gone through this writ petition.
9.
After going through the same, I find that the case is covered by the judgment passed in Kailash Chandra Mukherjee & Anr. (supra).
10. Thus, in terms of the aforesaid judgment, I direct the petitioner to deposit his contribution towards the pension for the qualifying period. If the petitioner has received any other amount under the head of pension, he should deposit the same.
11. Once the petitioner deposits his contribution, the respondents will deposit their part and the office of the CMPF will process and fix the pension along with the arrears and will disburse the same to the petitioner.
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12. The CMPF office along with the Coal Company will calculate the amount which the petitioner needs to deposit and will give him sufficient time of four weeks’ time to deposit the same. Once the petitioner deposits the same, the respondents will process and ensure that the amount of pension be disbursed to the petitioner along with the arrears within a period of eight weeks thereafter.
13. With the aforesaid observations, this writ petition stands disposed of.
(ANANDA SEN, J.)
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