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2026 DAILYLAW 22729 (JHR)

BHIM SEN RAM v. M/S BHARAT COKING COAL LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR

WPC/6043/2026 · 2026-08-12

Deepak Roshan

body2026

Judgment text

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( 2026:JHHC:24776 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S). No. 6043 of 2026 ---- 1. Bhim Sen Ram aged about 65 years Son of Lohari Ram, resident of village Kewla, P.O. Nima Anjan, P.S. Nima Anjan, District Aurangabad, Bihar. 2. Sita Ram Paswan aged about 65 son of Baijnath Paswan resident of Nawagarh, Phulwatand, P.O. Nawagarh, P.S. Madhuban, District Dhanbad. 3. Sumitra Devi aged about 57 years W/o Late Durga Paswan, resident of village Sinidih, P.o Tundoo, P.S. Madhuban District Bokaro. 4. Nanali Yadav, aged about 67 years, S/o Ramvaratb Yadav, R/o Village Madpur, P.O Koyribigha, P.S. Belaganj, District Gaya .......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. and P.S. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 3. The General Manager (PF/Pension), M/s Bharat Coking Coal Limited Koyla Nagar, P.O. and P.S. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 4. The General Manager, M/s Bharat Coking Coal Limited Koyla Nagar, P.O. and P.S. Koyla Nagar, P.S. Saraidhela, District Dhanbad. 5. Chief Manager (Administration), Barora Area, M/s Bharat Coking Coal Limited, P.O. and P.S. Barora Area, District Dhanbad. 6. The Area Manager (Personnel), Govindpur Area, M/s Bharat coking Coal Limited, P.O. and P.S. Govindpur, 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 Petitioners : Mr. Akshay Kr. Mahato, Advocate For the Respondents : Mr. Anoop Kr. Mehta, Advocate : Mr. Manish Kumar, Advocate : Mr. Shubham Malviya, Advocate ( 2026:JHHC:24776 ) --- 06/ Dated: 12.08.2026 1. The petitioners have prayed for direction upon the respondents to fix and release their pensions as per Coal Mines Pension schemes 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 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 the issue involved in this writ application is squarely covered by L.P.A No. 362 of 2024 (M/s Bharat Coking Coal Ltd. & Ors. V.s 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 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 counsels 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 the 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 within a further period of 6 weeks. 5. Accordingly, the instant writ application stands disposed of in the aforesaid terms. (Deepak Roshan, J.) 12.08.2026 Abha/-