'.'' y •^- 4 Jeevaa Lal, S/o Late Shri Ram Singh, Aged about 57 years, R/o-Bacchan Chowk, Kundrapara, Shurawai-i Bazar, Gudhiyari, Raipiir, District Raipur, Chhattigai-h. Pood Coiporation oflndia, Through - Managing Director, Head Quarter - New Delhi, 16-20 Bai-akhamba Laae, NEW DELHI The Executive Director, Food Corporation oflndia, Dhiraj Arma Biuldiag, Near Anant Kanekar Police Station, Baadra (East) MUMBAI-400051 The General Manager, Food Corporation of India, Ring Road Choiiralia, TeUbandha, Raipur, Chliattisgarh. The Ai-ea Maaager, Food Corporation of India, Madeeaa Biulding, Jafl Road, Raipzir, Chhattisgarh. The Employees Provident Fund Oi^aaization, Through Conunissioner, Regional Of&ce, gtb & gth pioor, Mayur Bhawan, Coauaught Circus, New Delhi - 1. WRIT PETITION UNDER ARTICLB 226 OFTHE_CONST!T!LTION OF INDIA W.P. No. (S) 6303 of2007 5? Shri Pankaj Shnvastava, Counsel for the petitioner. Shri B.P. Gupta for respondents No.l to 4 being Senior Counsel ia the paael ofthe Food Corporation oflndia. QRALORDER J24.10.2007) SUNIL KUMAR SINHA, J. Heard finaUy ^vith fhe consent ofbofh fhe parties. Leamed counsel for fhe petitioner subinits th.at respondent No. 1 is not forwarding necessary particulars to respondent No.5 regarding deduction raade froin fhe salaiy ofthe petitioner in order to enable respondent No.5 to fix the pension offhe petitioner. He further subinits fhat the Einployees' Pension Scheine, 1995 is applicable in case of the petitioner ajid as per Clause 17A of fhe said scheine, respondent No.5 is bound to fix the pensiou of the petitioner withni a period of 30 days froin the date of receipt of fhe concemed docuruents by the Coiuinissioner. He subniits that the petitioner has retired in fhe year 2004, but even after a lapse of about 2 years 10 nionths, fhe pension of the petitioner has not been fixed. I have heanl leamed counsel for the parties aad have also perused fhe records of fhe Writ Petition. Clause 17A oftih.e Eniployees' Pension Scheiue, 1995 i^ferred to by leamed counsel for fhe petitioner is quoted as under : "17A. Paymeat of Pensioa The claiais, coinplete ia aU respects subnutted alou^ with the requisite documents shall be settled aad benefit ainouat paid to fhe beneficiaries withia 30 days froin the date of its receipf by the Conunissioner. If there is any deficiency in fhe claun, fhe same shaU be recorded in writinj aad coininuxucated to fhe appUcaut wifhin 30 days froin the date of receipt of such application. In. case, fhe Conunissioner fails without suf&cient cause to setde a clann coinplete ia aU respects wifhin 30 days, the Coiuinissiouer :..:-. F 3 W.P.No.CS) 6303 of 2007 shaU be liable for the delay beyond the said period and penal iaterest at the rate of 12 per cent per annuin niay be charged on fhe benefit amount aad the same inay be deducted froni the salary of the Couunissioner." In view of the above, ia the opiaion of fhis Court, the ends of justice would be served if fhe petitioner is directed to niaJke a representation before respondent No. 1 aad respondent No. 1 is directed to dispose of the same wifhia fhe stipulated period graated by this Court. Accordiagly, it is directed fhat if so advised, fhe petitioner inay file a detaUed representation before respondent No.l alonj with a copy of this order and a copy of fhe Writ Petition within a period of 3 weeks from. today and if such a representa.tion is fUed aud fhe concemed docuinents of the petitioner have not been fonvarded by respondent No.l to respondent No.5, respondent No. 1, in tum, shall examine the poiats raised by the petitioner aad forward fhe papers relating to fhe pension of fhe petitioner to respondent No.5 within a period of60 days fi-oin fhe date ofreceipt of tlie said representation or shaU dispose of the representation ia acconlance ivith law wifhin fh.e said period. In case, ttie concemed docuinents of fhe petitioner are already forwarded, this order shatl cany no force. With fhe aforesaid observation/direction, this petition stands finaUy disposed of. ___—^-—— Sunil Kumar Sinha Judge Shyna