3' HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (8) No. 6234 of 2007 H.R. Sonkure, S/o late Shri Raiachandra Sonkure, Aged about 62 years, R/o Janta - 422, Janta Coloay Gudhiyari, Raipur, District Raipur, Chhattisgarh. Versus 1 Food Corporation of ludia, Through - Managing Director, Head Quarter - New Delhi, 16-20 Barakhamba Lane, NEW DELHI 2 The Executive Director, Food Corporation of India, Dhiraj Anna Building, Near Anant Kanekar Police Station, Bandra (East) MUMBAI - 400051 3 The General Maaager, Food Corporation of India, Riag Road Chouraha, Telibaadha, . Raipur, Chhattisgarh. 4 The Area Maaager, Food Corporation oflndia, Madeena Building, Jafl Road, Raipur, Chliattisgarh. 5 The Eiaployees Provident Fund Orgaaization, Through - Commissioner, Regional OfEce, 8th & 9*h Floor, Mayur Bhawan, Connaught Circus, New DeUu - 1. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 35 W.P. No. rS) 6234 of2007 Appearance: Shri Paiikaj Shrivastava, Counsel for fhe petitioner. Shri B.P. Gupta for respondents No.l to 4 beiag Senior Counsel in fhe paael of the Food Corporation of India. ORAL ORDER (24.10.2007) SUNIL KUMAR SINHA, J. Heaid. finafly with the consent ofbofh the pardes. Learaed counsel for the petitioner subniits fhat respondent No.l is not forwarding necessary particulars to respondeut No.5 isgardiug deduction niade from. the salaiy of fhe petitioner in orier to enable i^spondent No.5 to fix the pension of fhe petitioner. He further subinits fhat fhe Eiaployees' Pension Schenie, 1995 is applicable ia case of the petitioner aad as per Clause 17A of fhe said scheiae, respoadent No.5 is bound to fix fhe pension of the petitioner within a period of 30 days frosi the date of receipt of flie concenied docunients by the Conrmissioner. He subuuts fhat the petitioner has retired in fhe year 2004, but even after a lapse of about 2 years 10 inonfhs, the pension of fhe petitioner has not I have heard leamed counsel for the parties aad have also perused the records of the Writ Petition. Clause 17A ofthe Einployees' Pension Scheiae, 1995 referred to by leamed counsel for fhe petitioner is quoted as uiider : >.•• 17A. Payment of Peasion The claiins, coinplete ia aS. respects subiaitted alon; with the requisite documents shaU be settled and benefit amount paid to fhe beneficiaries withui 30 days froin the date of its receipt by the Coinniissioner. If there is auy deficiency ua tlie r.1aim, the same shaU be recorded in writuij aiid coiainunicated to the applican.t wifhin 30 days froin fhe date of receipt of such appUcation. In case, fhe ComTnissioner fails without sufficient cause to settle a claim coiaplete in aU respects wifhin 30 days, the Coaunissioner W.P. No. CS) 6234 of2007 shall be liable for the delay beyond fhe said period and penal iaterest at the rate of 12 per cent per aanum inay be cbarged on the benefit amouut aiid fb.e same may be deducted froni fhe salaiy of the Conimissioner." In view of the above, in the opinion of this Court, the ends of justice would be seryed. if the petitioner is directed to laake a representation before respondent No. 1 and respondent No. 1 is directed to dispose of fhe same wifhia the stipulated period granted by this Court. Accordingly; it is directed that if so advised, fhe petitioner inay file a detafled representation before respondent No.l alon| with a copy of this order aud a copy of the Writ Petition withiu a period of 3 weeks from today aad if such a repi^sentation is filed and the conceraed docunients of fhe petitioner have not been forwarded by respondent No.l to respondent No.5, respondent No. 1, in tum, shall exami^e fhe poiats raised by the petitioner aad ;\ fonvard the papers relatiug to the pension of the petitioner to respondent No.5 witfaia a period of60 days froui fhe date ofreceipt of the said representation or shaU dispose of fhe representation ra accordance wifh law within the said period. In case, fhe concemed documents of fhe petitioner are ah-eady forwarded, this order shall cany no force. With the aforesaid observation/directioa, fhis petition staiids finaUy disposed of. g^y. Sunil Kumar Sinha Judge Shyna