HIGH COURT OF CHHATTISGARH^BILASPUR Writ Petition (81 No. 6300 of 3007 M.R. Sahu, S/o Late Shri Nawal Siagh Sahu, Aged aboiit 58 years, R/o Vfflage - Tiraiya, P.0. Dharsiva via- Birgaon, Raipur, District Raipur, Chliattisgarh Food Corporation oflndia, Tbrough - Managiag Director, Head Quarter - New DeUii, 16-20 BaraMiamba Lane, NEW DELHI The Executive Director, Food Corporation oflndia, Dbiraj Arraa Buildnig, Near Aaant Kanekar Police Station, Bandra (East) MUMBAI-400051 The Geaeral Manager, Pood Corporation of India, Riag Road Ghouraha, Telibaadha, Raipur, Chhattisgarh. The Area Manager, Food Corporatiou of India, Madeena Bufldiag, Jail Road, Raipur, Chhattisgafh. The Einployees Provident Fund Organization, Tbrough Coiamissioner, Regional Office, 8th & 9th Floor, Mayur Bhawan, Connaught Circus, New DeDu - 1. PETITION UNDER ARTICLB 226 OF THE CONSTITUTION OFIND2A W.P. No. (S) 6300 of2007 Appearance: Shri Paakaj Shrivastava, Counsel for fhe petitioner. Shri B.P. Gupta for respondents No.l to 4 beirig Seruor Counsel in fhe panel offtie Food Corporation oflndia. ORALQRDER (24.10.2007) SUNIL mjMARSINHA, J. Heard finally with fhe consent ofbofh the parties. Leamed counsel for fhe petitioner subiuits that respondent No. 1 is not forwardnig necessary pardculars to respondent No.5 regardiag deduction made froin fhe salary of the petitioner ia order to enable respondent No.5 to fix the pension of fhe petitioner. He further submits that fhe Eiuployees' Pension Scheine, 1995 is appKcabIe ia case of the petitioner aud as per Clausc 17A of the said scheme, respondent No.5 is bound to fix fhe pension of the petitioner wifhla a period of 30 days froin the date of receipt of ftie concemed docuinents by the Comniissioner. He subiaits fhat fhe petitioner has retired ia ftie year 2004, but even al'ter a lapse of about 2 years 10 m.onfhs, fhe pension of the petitioner has not been fixed. I have heard learaed counsel for fhe parties aad have also perused flie records of (he Writ Petition. Clause 17A ofthe Eniployees' Pension Scherae, 1995 referped to by learaed counsel for fhe petitioner is quoted as under: 17A. Payment of Pension Tbe clainis, complete in aU respects subinitted along wifh fhe requisite documents shall be setfkd aad benefit amount paid to fhe beneficiaries wifhia 30 days from. fhe date of its receipt by the Coinmissioner. If tiiere is any deficiency ia the claua, fhe same shaUbe recorded iawritinj and coininunicated to fhe applicaat wifhia 30 days froxa fhe date of receipt of such application. In case, fhe CoTTiTnissioner fafls witiiout sufficient cause to setde a claun coinplete in aU respects wifhirt 30 days, fhe Coininissioner t.1 ..!fS>sasia»^. ,sy°a> '3V W.P. No. CS) 6300 of2007 shatl be Uable for the delay beyond the said period aad penal niterest at the rate of 12 per cent per annuni niay be charged on the benefit amount aad the saiae niay be deducted froai the salary of the Conuiussioner. In view of fhe above, ia the opinion of fhis Court, the ends of justice would be served if the petitioner is directed to inake a representation before respondent No.l and respondent No.l is du-ected to dispose of the same within tlie stipulated period granted by this Court. Accordingly, it is directed that if so advised, the petitioner inay file a detailed repi^sentation before respondent No.l alon; with a copy of fhis order aad a copy of fhe Writ Petition withiu a period of 3 weeks froru today aad if such a representatiou is fUed aad fhe concemed docunients of fhe petitioner have not been forwarded by respondent No.l to respondent No.5, respondent No. 1, ia tum, sliaU examine ftie points raised by fhe petitioner and fonvard fhe papers relating to the pension of the petitioner to respondent No.5 within a period of60 days &OID. the date ofreceipt of fhe said representation or shaU dispose of the representation in accordance wifh law withia the said period. In case, the conceraed docuinents of tfae petitioner are already fonvarded, this order shaU carry no force. With the aforesald observation/direction, this petition stauds finally disposed of. ____-— — — - Sunil Kumar Sinha Judge Shyna