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2026 DAILYLAW 10038 (JHR)

KISHNA SAW v. M/S BHARAT COKING COAL LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR

WPC/4751/2025 · 2026-04-07

Deepak Roshan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:10106 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4751 of 2025 1. Kishna Saw aged about 64 years son of Late Ram Das Saw, resident of Gomdahi, P.O. Chainpur, P.S. Mali, District Aurangabad. 2. Subhasis Samanta aged about 64 years son of Late Biswanath Samanta, resident of Chhatarkanali, PO. Chhatarkanali, P.S. Bankura, District Bankura. 3. Balaram Samanta aged about 64 years son of Late Biswanath Samanta, resident of Makurgram, P.O. Narrah, P.S. Bankura, District Bankura. 4 Aditya Kumar Chakraborty aged about 66 years son of Late Gurupada Chakraborty, resident of Bansjora, P.O. Khorkhoree, P.S. Madhuban, District Dhanbad. ... … Petitioner(s) Versus 1. M/s Bharat Coking Coal Limited through its Chairman cum Managing Director, Office at Koyla Nagar, P.O. and P.S. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 2. Chief Manager (P) MP & R, M/s Bharat Coking Coal Limited Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 3. The General Manager (PF/Pension), M/s Bharat Coking Coal Limited Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 4. The General Manager, M/s Bharat Coking Coal Limited Koyla Nagar, P.O. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 5. The Area Manager (Personnel), Govindpur Area III, M/s Bharat coking Coal Limited, P.O. and P.S. Govindpur, District Dhanbad. 6. Chief Manager (Administration), Barora Area, M/s Bharat Coking Coal Limited, P.O. and P.S. Barora Area, District Dhanbad. 7. Coal Mines Provident Fund through its Regional Director, Regional Office-D-II, Hirapur, P.O. and P.S. Hirapur, District-Dhanbad ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Ms. Moushmi Chatterjee, Advocate Mr. Akshay Kumar Mahto, Advocate For the Respondent(s) : Mr. Amit Kumar Sinha, Advocate Mr. Prashant Kumar Singh, Advocate -------- 2026:JHHC:10106 2 Order No. 05 /Dated: 7th April 2026 The petitioners have prayed for a direction upon the respondents to fix and release their pension as per Coal Mines Pension Scheme since petitioners have retired from the services of respondent- BCCL but their pension has not been fixed on the ground that they have not completed 10 years of regular service. Further prayer has been made for a direction upon the respondents to pay arrears of pension with 10% interest because for the reasons best known to the respondents they have denied the proper pension in favour of the petitioners. 2. Learned counsel for the petitioners submits that issue involved in this writ application is squarely covered by L.P.A. No. 362 of 2024 (M/s. Bharat Coking Coal Ltd. Vs. Kailash Chandra Mukherjee & Ors.); whereby the employee was directed to deposit his contribution towards pension for qualifying period and refund the amount which has already been received by them. Accordingly, the same direction may be given in the case of petitioners also. 3. Learned counsel for the respondent-BCCL and CMPF supports the aforesaid contention so far as the issue involved is same and similar to L.P.A. No. 362 of 2024. 4. Having heard the fair submissions of learned counsel for the parties, the instant writ application is hereby disposed of by directing the petitioners to deposit their contribution towards pension for qualifying period along with amount paid to them under para 10(4) of the CMPS 1998 with the respondents within a period of 8 weeks from the date of passing of this order and on receipt of the same, the respondents shall forward it along with their contribution to CMPFO. Thereafter, the CMPFO shall fix and pay pension along with the arrears to the petitioners. The entire exercise shall be completed by the respective respondents within a further period of 8 weeks. 2026:JHHC:10106 3 5. Accordingly, the instant writ application stands disposed of in the aforesaid terms. (Deepak Roshan, J.) 7th April 2026 Amit Uploaded on .04/05/2026