Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:59221
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8291 of 2018 1 - Ghana Ram Verma S/o Late Uday Ram Verma Aged About 73 Years Retired Helper, R/o Village And Post Office Nardaha, Tahsil - Mandir Hasaud, District - Raipur Chhattisgarh 2 - Sadanand Behra S/o Narayan Behra Aged About 68 Years Retired Sweeper, Block No. - 06, Siddharth Colony, Tikarapara, Raipur District - Raipur Chhattisgarh. 3 - Uday Ram Patel S/o Late Dukhit Ram Patel Aged About 63 Years Retired Helper, R/o Village - Daldalseoni, Kushabhau Thakre Ward No. - 26, Raipur District - Raipur Chhattisgarh.,
4 - Ramswaroop Verma S/o Late Hardev Lal Verma Aged About 67 Years Retired Welder, R/o Village - Beergaon, Raipur District - Raipur Chhattisgarh. 5 - Ganga Prasad Yadav S/o Banau Ram Yadav Aged About 69 Years Retired Crane Operator, R/o Khamtarai, Raipur District - Raipur Chhattisgarh 6 - Ramakant Pandey (R. K. Pandey) S/o Mahadev Prasad Pandey Aged About 68 Years Retired Driver, R/o Lakhe Nagar, Raipur District - Raipur Chhattisgarh 7 - Ramprasad S/o Jivrakhan Aged About 68 Years Retired Helper, R/o Village - Mohadi, Tahsil - Dharsiwa, District - Raipur Chhattisgarh 8 - Limuk Das S/o Padum Aged About 78 Years Retired Helper, R/o Village - Girhola, Tahsil - Dhamdha, District - Durg, Chhattisgarh 9 - Girdhar Dheemar S/o Amoli Aged About 67 Years Retired Helper/ Mazdoor, R/o Village - Chhapora, Mandhar, District - Raipur Chhattisgarh DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.12.06 11:35:43 +0530
2 10 - Dayadas S/o Padum Singh Aged About 72 Years Retired Mazdoor, R/o Village - Girhola, Tahsil - Dhamdha, District - Durg, Chhattisgarh
... Petitioner(s) versus 1 - The Central Provident Fund Commissioner, Rajbandha Maidan, Raipur Chhattisgarh. 2 - The Regional Provident Fund Commissioner, D.K. Block, Sector - II, Salt Lake, Kolkata, West
Bengal.,
District:Kolkata,
West
Bengal 3 - Hindustan Steelworks Construction Limited (Hscl) Through - Its Chairman Cum Managing Director, H.Q.- 5/1, Commissariat Road, Hastings, Kolkata, West Bengal, District : Kolkata, West Bengal 4 - Group General Manager Hindustan Steelworks Construction Limited (Hscl), Bhilai Unit, New Ispat Bhawan, Nirman Bhawan, Bhilai, District - Durg, Chhattisgarh
... Respondent(s) For Petitioner(s) : Shri R.K.Kesharwani and Ms. Juhi Anguria, Advocates For Respondents 1 and 2 : Shri Sunil Pillai, Advocate For Respondents 3 and 4 : Shri N. Naha Roy, Advocate
({Hon’ble Shri Justice Sachin Singh Rajput})
Order on Board 05/12/2025 Following relief has been claimed in this writ petition - a. This Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the respondents authorities for payment of CPF / or Family Pension under the Pension scheme, 1995 and further the petitioners are entitled to get the penal interest @ 18% p.a. with the respondent No.3 & 4. b. This Hon’ble Court may kindly be pleased to direct the respondents – authorities for allowing the service terminal benefits in accordance with law as the similar situated employees are getting in pursuance to the order of this Hon’ble Court. c. Any other relief as the Hon’ble Court may be deemed fit and
3 proper. d. Cost of petition may kindly be allowed.
2.
Learned counsel for the petitioner submits that the petitioner has not been paid family pension, therefore, this writ petition has been filed.
3.
Learned counsel for respondents 1 and 2 inviting attention of this Court submits that all the petitioners either enjoyed withdrawal benefit under ceased Family Pension Scheme, 1971 or pension had already been settled under Employees’ Pension Scheme, 1995 according to the provisions of the scheme and merit of the case. For ready reference, paragraph 17 of the return filed by respondent no.1 is quoted herein below -
17. That, the answering respondents denies and dispute the averment of petitioners regarding payment of pension either under ceased Family Pension Scheme 1971 or continuing Employee’s Pension Scheme, 1995. It is crystal clear that all the petitioners either enjoyed withdrawal benefit under ceased Family Pension Scheme, 1971 or pension had already been settled under Employee’s Pension Scheme, 1995 according to the provisions of the scheme and merit of the case. In the matter respondent no.2 humbly produce a position w.r.t. to petitioners in brief before the Hon’ble Court which is marked as Annexure R1/1.
4. In view of above, this writ petition is disposed off, however, liberty is reserved in favour of the petitioner to revive this petition in case any further cause of action survives. All pending applications are also disposed off. Sd/-
({Sachin Singh Rajput})
JUDGE Deepti