se> Wtit Petition (S) No. 6304 of2007 \^, 4 J.R. Saliu, S/o Late Shri M.L. Sahu, Aged about 56 years, R/o-Behiad Radha Krishaaa Maiidir, ImUbhata, Mahasamund, Dista-ict Mahasaniund, Cbliattisgarh Food Corporation of India, Through - Mauaguig Director, Head Quarter - New Delhi, 16-20 Barakhamba Lane, NEW DELHI The Executi.ve Director, Food Corporation oflndia, Dhiraj Arraa Buildiag, Near Anant Kanekar Police Station, Bandra (East) MUMBAI-400051 The General Manager, Food Corporation oflndia, Riag Road Chouraha, TeUbandha, Raipur, Chhattisgarh. The Area Maaager, Food Corporation of India, Madeena Building, Jail Road, Raipur, Chliattisgarh. The Employees Provident Fund Orgauizatiou, Through - Commissioner, Regional Office, 8th & 9th Floor, Mayur Bhawau, Connaught Circus, New Delhi - 1. WRIT PBTITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA W.P. No. (-S) 6304 of2007 ^ Shri. Pankaj Shrivastava, Counsel for fhe petitioner. Shri B.P. Gupta for respondents No.l to 4 being Senior Counsel in the panel offhe Food Corporation oflndia. (24.10.2007) SUNIL KUMAR SINHA, J. Heard fiaatty wifh the consent ofbofh the parties. Leamed counsel for fhe petitioner subinits that respondent No.l is not forwardtag necessary particulars to respondent No.5 regardiug deduction inade from. the salaiy of the petitioaer in order to enable respondent No.5 to fix fhe pension ofthe petitioner. He further subiaits that fhe Einployees' Pension Scheiae, 1995 is applicable ia case of fhe petiUouer and as per Clause 17A of the said scheiiie, respondent No.5 is bound to fix fhe pension of the petitioner within a period of 30 days froin flie date of receipt of fhe concemed documents by fhe Coininissioner. He subiaits that the petitioner has retired in the year 2004, but even after a lapse of about 2 years 10 inonths, fhe pensiou of fhe petitioner has not been fixed. I have heard leamed counsel for the parties and have also perused the records of tfae Writ Petition. Clause 17A ofthe Einployees' Pension Schem.e, 1995 referred to by leamed eounsel for fhe petitiouer is quoted as under: « The clarms, coiaplete ia aU respects subiuitted aloaj with the requisite dociiments shaU be setfled and benelit amount paid to the beneficiaries within 30 days froni the date of its receipt by fhe Coniinissioner. If there is aay deficiency ia the claiin, the same shail be recorded ui writiaj and conununicated to the applicaat wifhia 30 days froill the date of receipt of such appUcation. In case, fhe Coiaraissioner fails without suiBcient cause to settle a clami coniplete 'in aU respects within 30 days, tlie Coirunissioner s^ W.P. No.fS) 6304 of2007 shall be Uable for the delay beyond the said period and penal interest at fhe rate of 12 per cent per annuin inay be charged on the benefit amount and the same inay be deducted froia the salary of the ComTnissioner." In view of the above, in the opinion of fhis Court, the ends of justice would be served if the petitioner is directed to xaake a representation before respondent No.l and respondent No.l is directed to dispose of the sam.e wittlin the stipulated period ^i-Euited by fhis Court. Accordin^gly, it is directed fhat if so advised, the petitioner inay file a detailed representation before respondent No.l along with a copy of this order aad a copy of fhe Writ Petitioa wifhin a period of 3 weeks froia today and if such a repi^sentation is filed and ttie concemed documents of fhe petitioner have not been fonvarded by rcspondeat No.l to respondent No.5, respondent No. 1, in tum, shaU examtae fhe poiats raised by fhe petitioner an.d forward fhe papers relathlg to the pension of fhe petitioner to respondent No.5 withia a period of60 days froiu the date ofreceipt of the said representation or shall dispose of the representation. ui accordance witll law wifhin the said period. In case, ttte concemed docuinents of the petitioner are ah-eady forwarded, this order shaU cany ao force. Wifh the aforesaid observation/direction, fbis petition staiids finally disposed of. ____—^ 7—— SunilKuroarSinha Judge Shyna