Rajballabh vs Jharkhand State Electricity Board and Others

Aparesh Kumar Singh, J.—Heard counsel for the parties.

The petitioner in the instant case is said to have retired on 30.04.2010 from the post of Junior Lineman in the Office of respondent no. 4-Assistant Electrical Engineer, Electric Supply Division of J.S.E.B., Dhanbad. According to him, he was the member of the Employees Pension Scheme, 1995 having Pension Account No. JH/206/36 and amounts have been deducted from the petitioner''s salary towards the pension contribution till 30.04.2008. Therefore, he is entitled to such pension for which he has also represented but without avail.

Learned counsel for the respondent Employees Provident Fund Organization has filed affidavit and also stated that deposits have been received up to December, 1996 under the Pension Scheme of 1971 and remittance received by the Management thereafter have not been furnished by way of returns to the E.P.F.O. till date.

According to the said respondents, petitioner''s age was 22 years at the time of joining the Establishment i.e. on 01.11.1972 and he would be entitled to pension with effect from 01.11.2008 i.e. on completion of 58 years, however no pension claim application in 10D Form has been received as yet by their Office.

Learned counsel for the respondent Board submits that the grievance of the petitioner shall be looked into by the competent authority i.e. respondent no.-2 General Manager-cum-Chief Engineer, Dhanbad Electric Supply Area of J.S.E.B., Dhanbad, if he approaches him with all necessary facts and documents through proper channel.

Having regard to the aforesaid facts and circumstances in the matter relating to the fixation of pension, at this stage, without making any comment upon the petitioner''s claim, the writ petition is being disposed of in the following manner:

Let the petitioner represent before the respondent no. 2-General Manager-cum-Chief Engineer, Dhanbad Electric Supply Area of J.S.E.B., Dhanbad through proper channel duly supported with all necessary facts and documents. On receipt of such representation, the respondent no. 2 shall determine the claim of the petitioner in accordance with law after due verification of his service records within a period of 12 weeks thereafter.

Dependant upon such determination, if the petitioner is found to be the member of Employees Pension Scheme in question and deductions have been made from his salary, such necessary documents and the prescribed form be forwarded to the Office of respondent no. 5-Regional Provident Fund Commissioner, Employees Provident Fund Organization, Ranchi without any further delay thereafter. On receipt of such documents, the respondent no. 5-Regional Provident Fund Commissioner, Employees Provident Fund Organization, Ranchi shall settle the petitioner''s claim in accordance with law within four weeks thereafter with statutory interest, if any.

The writ petition is accordingly disposed of in the aforesaid manner.