IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 26643 of 2008(V) ---------------------------------------- PETITIONER(S): ------------------------- JACOB ZACHARIAH, S/O.C.K. ZACHARIAH, AGED 62, CHEMPOTHARAYIL HOUSE, HOUSE NO. 15, JP NAGAR 11 STAGE, RSPO, THIRUVALLA. BY ADV. SMT.P.K.SANTHAMMA RESPONDENT(S): --------------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, 28/WASIRPUR INDUSTRIAL AREA, DELHI - 110052. 2. THE ASSISTANT GENERAL MANAGER (CPF), FOOD CORPORATION OF INDIA, HEAD QUARTERS 16-20, BARAKHAMBA LANE, NEW DELHI - 110 001. 3. THE EXECUTIVE DIRECTOR (SOUTH) FCI - ZONAL OFFICE, NO.3 HADDOWS ROAD, NUNGAPAKKAM, CHENNAI-6. 4. THE SENIOR REGIONAL MANAGER, NOW REDESIGNATED AS THE GENERAL MANAGER (REGION), FOOD CORPORATION OF INDIA, REGIONAL OFFICE, THIRUVANANTHAPURAM-4. 5. THE DISTRICT MANAGER, NOW REDESIGNATED AS AREA MANAGER, FOOD CORPORATION OF INDIA, DITRICT OFFICE, CHINGAVANAM, KOTTAYAM. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 SRI.P.JACOB VARGHESE (SR.) FOR R2 TO 5 SRI.VIVEK VARGHESE P.J. FOR R2 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26643/2008 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF COVER PAGE AND PAGE NOS.287 TO 290 OF SERVICE HAND BOOK OF FCI EMPLOYEES. EXT.P2: COPY OF CIRCULAR DTD. 17/02/04 BY 2ND RESPONDENT WITH ENDORSEMENT DTD. 25/02/2004 OF 4TH RESPONDENT AND ENDORSEMENT DTD. 4/03/04 OF THE 5TH RESPONDENT, SENT TO THE PETITIONER. EXT.P3: COPY OF THE OPTION FORM DTD. 31/03/04 SUBMITTED BY THE PETITIONER. EXT.P4: COPY OF PROCEEDINGS DTD. 9/11/2006 BY THE 4TH RESPONDENT TO 3RD RESPONDENT. EXT.P5: COPY OF STATEMENT FOR THE YEAR 2003-2004 PREPARED BY THE 3RD RESPONDENT. EXT.P6: COPY OF LETTER DTD. 10/07/2008 BY 3RD RESPONDENT TO 5TH RESPONDENT. EXT.P7: COPY OF LETTER DTD. 12/08/2008 BY PETITIONER TO 5TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26643 of 2008-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2009. JUDGMENT The main prayer in the writ petition is for a direction to the second respondent to forward the claim application, annual return and other details of the petitioner to the first respondent and for a direction to the respondents to settle and disburse the E.P.F. pension and commuted pension with arrears and interest at the rate of 12% from the date of retirement. 2. The petitioner is a retired employee of the Food Corporation of India. He was a member of the Employees Pension Scheme. Aggrieved by the delay in settling the claim, the petitioner has approached this court. 3. Learned Standing Counsel for the first respondent submitted that they are yet to receive annual return and other documents from the Corporation. No counter affidavit is filed by the other respondents. Learned Standing Counsel on instructions, submitted that action will be taken without delay. 4. Therefore, there will be a direction to the second respondent to forward the application, annual return and other documents to the first WPC 26643/2008 2 respondent within a period of one month from the date of receipt of a copy of this judgment and on receipt of the same, the first respondent will process the same and eligible benefits shall be disbursed within a further period of two months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/