IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8093 of 2007 MALTI DEVI, W/o- Late Laxman Choudhary, resident of village-Enai, P.O.Enai, P.S. Rebilganj, District Chapra, Saran Versus 1. THE UNION OF INDIA through chairman, Board of Director, Food Finance and Corporation, Head Office, New Delhi. 2. The Executive Director-cum-Zonal Manager (East), Food Corporation of India, 10-A, Middleton Row, Kolkatta-71. 3. The Area Manager, Food Corporation of India, District Office, Exhibition Road, Patna-1. 4. The District Manager, Food Corporation of India, District office Sri Nanadan Path, Chapra. 5. The Director, Employees Provident Fund, Bihar, Patna. ----------- 5 18.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the Food Corporation of India and learned counsel for the Provident Fund Department are present. The admitted position is that the entire retiral benefits as admissible to the husband of the petitioner has been paid to her save and except that an issue of payment towards family pension was raised on behalf of the petitioner. The said fact is evident from the counter affidavit filed on behalf of the Corporation on 7.11.2009 in which the detail of the dues have been mentioned in paragraph No.5 and which are as follows:- “5. That the entire amount payable by 2 the corporation as a retiral dues has been paid detail of which are enumerated hereinafter. (i) Amount of G.I.S. amounting to Rs. 49,905/- has been paid on 22.05.05. (ii) Amount on the head of P.L.I. amount to Rs. 3360/- has been paid on 08.11.02. (iii) Contributory Provident Fund amount of Rs. 3,18,059.00 has been paid on 12.12.2002. (iv) Rs. 30,157/- has been paid on 22.01.2003 as G.S.L.I (v) Arrears of pay revision with effect from January, 1997 to 28.07.01 amounting to Rs. 57,889/- has been paid on 10.10.03. (vi) Final leave encashment amounting to Rs. 3,647/- has also been paid to the petitioner. (vii) PLI for the year 2000-01 amounting to Rs. 1470/- has been paid on 09.02.04. (viii) Arrears of House Rent Allowance for June, 2000 to 28.07.2001 amounting to Rs. 18,084/- has been paid on 09.02.2004. (ix) Gratuity after deduction of Rs. 2245/- against the medical Health Scheme amounting to Rs. 2,03,390/- has been paid on 10.10.2003. (x) Benevolent fund amounting to Rs. 5,000/- has been paid on 28.07.2001 and Rs. 10,000/- has been paid on 05.03.2002.” In paragraph No.7 it was mentioned that the payment of pension under the Employees Pension Scheme is concerned the petitioner had failed to deposit the amount of Rs. 37481/- which was the requirement as per law and as manifest from Annexure-6. By order dated 3 7.11.2009 of this Court had requested the Corporation to file an affidavit as to whether the petitioner’s husband was a member of the Family Pension Scheme, 1971 or Family Pension Scheme, 1995. A rejoinder was filed on behalf of the petitioner and she has enclosed the statement of the members account with contributory provident fund of the year, 1998-99 appended as Annexure-1 to the said affidavit. A perusal of the said statement shows that no contribution had been made by the husband of the petitioner towards the members contribution in relation to Family Pension Scheme. It was in this background that the order as contained in Annexure-5 dated 20.01.2006 was issued by the General Manager of Food Corporation of India requesting the husband of the petitioner to deposit an amount of Rs. 37,481/- if he so desired to become a member under the Employees Pension Scheme, 1995 in compliance of the Supreme Court directions. In response thereto the petitioner sent a letter dated 13.2.2006 (Annexure-6) in which she states that she was not in a position to deposit the said amount. It is in this 4 background that the petitioner was not brought within the purview of the family pension Scheme, 1995. As the position becomes clear that neither the husband of the petitioner nor the present petitioner chose to come within the family pension Scheme, she is not entitled to the relief so claimed. Mr. Prabhakar Tekriwal appearing for the Corporation taking a very fair stand submits that if the petitioner so chooses to deposit the said amount of Rs. 37481/- along with interest at the rate of 8.5% as indicated in the letter dated 20.01.2006 (Annexure-5) for each month delay even today, then the Corporation would forward her application for coverage under the Employees Pension Scheme, 1995. In view of this statement and the fair stand taken by corporation, this writ petition is disposed of with a liberty to the writ petitioner if she so desires, to file her application together with the required deposit and up-to-date interest for coverage under the Employees Pension Scheme, 1995 in terms of the directive contained in letter dated 20.01.2006 and the conditions stipulated therein. If such 5 an application is filed on behalf of the petitioner for coverage under the employees Pension Scheme, 1995 within six weeks from today together with required deposit and upto date interest in terms of Annexure-5, the same will be processed by the corporation expeditiously without any delay and not later than four weeks of receipt of such application and whereupon the Regional Provident Fund Commissioner shall take follow up steps for payment of the family pension in terms of Scheme. The writ petition stands disposed of. Bibhash (Jyoti Saran, J.)