HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petitioa (SI No. 6286 of 2007 B.L. Kosare, S/o Late Shri Uday Ram Kosare, Agedabout 57 years, R/o-Subhash Nagar, Telibaadha, Ravigram, Raipur, District Raipur, Chbattisgarh. .^' 4 Pood Corporation oflndia, Through - Managing Director, Head Quarter - New DeUii, 16-20 Barakhamba Laae, NEW DELHI The Executive Director, Food Corporatiou oflndia, Dhiraj Anna Biiilding, Near Anant Kanekar Police Station, Baadra (East) MUMBAI-400051 The General Maaager, Food Corpoiation of India, Riag Road Chouraha, Telibandha, Raipur, Cbliattisgarb. The Area Maaager, Food Corporation oflndia, Madeena Building, Jail Road, Rsdpur, Chliattisgarh. The Employees Provident Fund Oigaaization, Through - Couunissioner, Regional Ofiice, 8th Ss 9th Ploor, Mayur Bhawan, Coruiaught Circus, New Delhi - 1. WRIT PETmON UNDER ARTICLE 226 OF THE CONSTITUTION OF MDIA W.P. No.fS) 6286 of2007 <-z Appearance: Shri Paakaj Sbrivastava, Counsel for the petitioner. Shri B.P. Gupta for respondents No.l to 4 being Senior Coiuasel in the paael of the Food Corporation of India. / ' ORALORDER (24.10.2007) SUNIL KUMAR^INHA, J. Heard finally wifh fhe consent ofbotb the parties. Leamed counsel for the petitioner subraits that respondent No.l is uot forwardiag necessary particulars to respondent No.5 regardtng deduction niade froia the salaiy of fhe petitioner ia order to enable respondent No.5 to fbc the pension of the petitioner. He further subnuts that the Einployees' Pension Scheiae, 1995 is appUcable iu case of the petitioner aad as per Clause 17A of the said scheiae, respondent No.5 is bound to fix fhe pension of fhe petitioner wifhia a period of 30 days froin fhe date of receipt of fhe concemed docuxuents by fhe Cominissioner. He submits fhat fhe petitioner has retired in fhe year 2004, but even after a lapse of about 2 years 10 nionths, fhe pension of fhe petitioner has not been fixed. I have heard leanied coutisel for the pardes and have also perused fhe records of fhe Writ Petition. Clause 17A offhe Einployees' Pension Scheiae, 1995 referred to by learaed counsel for the petitioner is quoted as under : "17A. Payment of Peasioa The claims, complete ia aU respects subiuitted along . with the requisite docuiaents shaU be settled and benefit amount paid to fhe beneficiaries ^nthin 30 days froni the date of its receipt by thc Commissioner. If fhere is any deficieacy ia the claim, fhe saine shaU be recorded ia writinj and cominunicated to the applicant wifhin 30 days froin the date of receipt of such application. In case, the Co.minissioner fails without sufficient caiise to settle a claim coniplete in all respects within 30 days, fhe Cornniissioner /i?3g y* m S^aK^- '•% 's .!ffte 1 s^i .1 \j^^/ l~^%a^tfs"^ W.P.No.fS) 6286 of2007 3T shall be Uable for the delay beyond the said period and penal iaterest at fhe rate of 12 per cent per aanuin niay be chai^ed on fhe bene&t aiaount and ftie same raay be deducted froia the salary of the Conunissioner." In view ofthe above, in ttie opiaion ofthis Court, the ends of justice would be served if the petitioner is dirccted to laake a representation before respondent No.l and respondent No.l is directed to dispose of the same wifhin the stipulated period graated by this Coiut. Accordiagly, it is directed that if so advised, fhe petitioner inay file a detailed representation before respondent No.l alon^ with a copy of tliis order aad a copy of the Writ Petition withia a period of 3 weeks froni today aad if such a represeutation is ffled aad the concei-aed documents of the petitiouer have uot been forwarded by respondent No.l to respondent No.5, respondent No. 1, ia turrt, shaU examiae fhe points raised by the petitioner and forward the papers relatiag to fhe pension of fhe petitioner to respondent No.5 withiu a period of60 days Iroia the date ofreceipt of the said representation or shaU dispose of the representation ia accordance with law wifhni fhe said period. In case, fhe concerued docuinents of fhe petitioner are already fom'arded, this order shatl cany no force. With the aforesaid observation/direction, this petition stands finally disposed of. —— Sd/- Sunil Kumar Sinha Judge Shyna