Most. Dhania Kamin vs Central Coalfield limited

Rajesh Shankar, J.—Heard learned counsel for the parties.

The present writ petition has been filed for payment of family pension with interest and also for recalculation of Coal Mines Provident Fund amount as the authorities have paid less amount than the actual amount payable to the petitioner on the ground that the husband of the petitioner had taken House Building Loan advance during his lifetime.

The factual background of the matter is that the husband of the petitioner Late Somra Oraon was working in Kedla Under Ground Project of respondent-Central Coalfields Limited and was allotted Coal Mines Provident Fund account number 1490405. Late Somra Oraon died in harness on 23.04.2005 and thereafter the petitioner, being the widow of the said deceased employee, applied for family pension, but the same was not paid. The petitioner also applied for Coal Mines Provident Fund amount of her deceased husband, but the respondents have paid the amount of Rs.3,22,288/- which as per the petitioner is less than the amount actually payable to the petitioner. On making query by the petitioner, she was told that her husband had taken House Building Loan advance from the Coal Mines Provident Fund account.

Learned counsel for the petitioner however, submits that all other grievance of the petitioner including the family pension have now been settled. The only dispute left is the adjustment of Rs.75,000/from the Coal Mines Provident Fund account of the husband of the petitioner in lieu of House Building Loan advance. Learned counsel for the petitioner has drawn attention of the Court towards Annexure-5 of the reply affidavit filed by the petitioner dated 10.05.2010 to the counter affidavit of respondent no.4, which contains the remarks made by Allahabad Bank, Jogeshwar Colliery Branch, Bokaro, from which, it is evident that the Saving Account no. 2238 belongs to one Somar Oraon, S/o Jhagu Oraon, whereas, deceased husband of the petitioner was Somra Oraon, S/o Ballu Oraon. The said fact has been admitted in the counter affidavit filed by the respondent-Allahabad Bank (respondent no.5). In paragraph 11 of the counter affidavit of respondent no.5, it has been stated that no account in the name of Somra Oraon, S/o Ballu Oraon is in Allahabad Bank, Jogeshwar Colliery Branch, Bokaro and as such no amount was credited in such account.

Learned counsel appearing on behalf of Regional Commissioner, Coal Mines Provident Fund, Region-II, Ranchi (respondent no.4) however submits that the Coal Mines Provident Fund authorities have processed the loan amount on the basis of House Building Loan advance application, forwarded by the concerned colliery of the respondent-Central Coalfields Limited, which contained the bank account number also.

There appears to be some factual dispute in the matter which in the opinion of the Court is required to be enquired into. Accordingly, the Director (Personnel), Central Coalfields Limited is directed to make a proper enquiry in 3 the matter so as to verify as to whether the deceased husband of the petitioner (Late Somra Oraon) had actually availed the House Building Loan advance during his life time and the said amount was deposited in his account or not. If in the said enquiry, it is found that the House Building Loan advance application was actually not filed by Somra Oraon, the said report would be given to the Regional Commissioner, Coal Mines Provident Fund, Region-II, Ranchi and, thereafter, the Regional Commissioner, Coal Mines Provident Fund, Region-II, Ranchi shall accordingly release the said amount of Rs.75,000/along with the interest at the rate of 6% per annum to the petitioner till the date of payment. In that event, the Coal Mines Provident Fund authorities will be at liberty to realise the said amount from the concerned Management of the Colliery of the respondent-Central Coalfields Limited, if it is found that the mistake was committed at the instance of the Management of the Colliery or any other officer of the respondent-Central Coalfields Limited.

The enquiry will be concluded by the Director (Personnel), Central Coalfields Limited within a period of three months from the date of receipt/ production of a copy of this order. If it is found that the amount is payable to the petitioner, the said payment should also be made along with the interest (as directed herein above) within a period of two months thereafter.

The writ petition is accordingly disposed of.