IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8152 of 2008 PRATIVA KUMARI DAUGHTER OF SHRI SUKHDEO SINGH, RESIDENT OF VILLAGE – CHHOTRPURA, P.S. – MOKAMA, DISTRICT – PATNA (BIHAR), AT PRESENT H/O SHRI PARMANAND PD. SINGH, RESIDENT OF NORTH NEHRU NAGAR, NEAR VISHAL BAJRANGBALI MANDIR, HOUSE NO. 38, P.S. PATLIPUTRA, PATNA Versus 1. THE FOOD CORPORATION OF INDIA, KHADYA SADAN, HEAD QUARTER -16-20, BARAKHAMBA LANE, NEW DELHI – 110001 THROUGH THE CHAIRMAN. 2. THE ZONAL MANAGER, (WEST), FOOD CORPORATION OF INDIA, MISTRY BHAWAN, D.W. ROAD, MUMBAI – 400020. 3. THE SENIOR REGIONAL MANAGER, MAHARASHTRA FOOD CORPORATION OF INDIA, MISTRY BHAWAN, D.W. ROAD, CHURJGATE, MUMBAI – 400020. 4. THE DISTRICT MANAGER (GODOWNS) FOOD CORPORATION OF INDIA, SHED SEWRES ROAD, NEAR RLY. STATION, MUMBAI – 400033. 5. THE ACCOUNTS OFFICER, PAY AND ACCOUNTS OFFICER, MINISTRY OF CONSUMER AFFAIR, MUMBAI. 6. THE ZONAL MANAGER (E) FCI, MIDDLETON ROW, KOLKATTA – 71. 7. THE SENIOR REGIONAL MANAGER, FCI, EXHIBITION ROAD, PATNA, BIHAR. 8. UNION OF INDIA THROUGH MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, KRISHI BHAWAN, NEW DELHI. ----------- 12. 10.02.2010 A supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsels for the petitioner, respondent – Corporation as also the Union of India. Learned counsel for the petitioner submits that the father of the petitioner, Shri Sukhdeo Singh Ex- Assistant Grade –II (D) who retired on medical ground from the service of the respondent – Food Corporation of India, is entitled to the pension from the Government of 2 India being Food Transferee. He further submits that since the order of dismissal of the petitioner was set aside by the Appellate Authority under the provisions of the statutory rules of the Food Corporation of India with regard to the disciplinary proceedings, there is no impediment in law in sanctioning the pension for which all the necessary pension papers were sent to the respondent nos. 5 and 8, as would be appearing on perusal of the letter No. PGE/Gen/PC/WZ/97/157 dated 19/20.01.2009 even then the pension has not been sanctioned in favour of father of the petitioner. Learned counsel for the Food Corporation of India submits that since the order of dismissal of the petitioner was set aside and he was permitted to retire on medical ground and requisite papers were sent to the respondent no. 8 as per the aforesaid letter vide Annexure – A to the counter affidavit. Learned counsel for the Union of India Submits that the Appellate Authority should not have interfered with the punishment order on the basis of medical certificate produced before the Appellate Authority which should not have been accepted, however it is submitted on the basis of the statement made in the counter affidavit that the claim for payment of pension of the father of the petitioner is to be considered under 3 C.C.S. Pension Rules. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of unpaid claims with regard to sanction of pension, petitioner proposes to file a representation before the respondent no. 8. In such view of the matter, in case such representation giving specific claims is filed by the petitioner within a period of six weeks along with the certified copy of the present order as also the copy of the relevant documents in support of the claim, the above respondent shall consider the claims raised by the petitioner in his representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation. In case representation of the petitioner is accepted, admissible dues on account of arrears of pension shall also be paid to the petitioner with statutory interest. The writ application stands disposed of with the above observations/directions. Jagdish ( Shailesh Kumar Sinha, J.)