37 HIGH COORT OF CHHATTISGARH. BILASPUR Writ Petition (S) No. 6282 of 2007 Devender Siagh, S/o Late Shri Balwant Siagh, Aged about 55 years, R/o-83, Jalvihar Colony, Raipur, District Raipur, Chliatisgarh. Food Corporation of India, Through - Managrug Director, Head Quarter - New Delhi, 16-20 Barakhamba Lane, NEW DELHI The Executive Director, Food Corporation of India, Dlliraj Arma BuUding, Near Anant Kanekar Police Station, Bandra (East) MUMBAI-400051 The General Manager, Food Corporation of India, Riag Road Chouraha, TeUbandha, Raipur, Chhatdsgarh. The Area Maa^er, Food Corporation of India, Madeeua Buildiag, Jail Road, Raipur, Chliattisgarh. The Einployees Provident Fund Oi^anjzation, Through Comiaissioner, Regional OfB.cc, 8th & 9dl Floor, Mayiir Bhawan, Connaught Circus, New DeUii - 1. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA r? W.P. No. (S) 6282 of2007 Appearance: Shri Pa&kaj Shrwastava, Counsel for the petitioner. Shri B.P. Gupta for respondents No.l to 4 being Senior Counsel in fhe paael ofthe Food Corporation oflndia. ORALQRDER (24.10.2007) SUNIL KUMAR SINHA, J. Heard finaUy wifh fhe consent ofbofh fhe pardes. Leamed counsel for the petitioner subitdts ttiat respondent No. 1 is not forwarding necessaiy particulars to respoadent No.5 regarding deduction made froin the salaiy of fhe petitioner in order to enable respondeut No.5 to fix tfie pension of fhe petitioner. He further submits that the Employees' Pension Scheme, 1995 is appBcable ia case of the petitioner and as per CIause 17A of the said scheiae, respondent No.5 fa bouud to fix fhe peasion of fhe petitioner within a period of30 days from the date ofreceipt ofthe conceraed docucaents by fhe Commissioner. He subiuits fhat fhe petitioner has retired in tlie year 2004, but eveu after a lapse of about 2 years 10 nionftis, the pension of the petitioner has not been fixed. I have heard leamed counsel for fhe parties and have also perused fhe records of the Writ Petition. Clause 17A ofthe Employees' Pension Scheme, 1995 referred to by leamed counsel for the petitioner is quoted as under : 17A. Payment of Peasioa TIie clainis, coniplete in aH respects siibxnitted alouj wifh fhe requisite documents sliaU be setfled and benefit amount paid to the beneficiaries within 30 days from. the date of its receipt toy the Coitunissioner. If there is any deficiency m the claim, tfae same shall be recorded uiwritms and cominunicated to the applicant within 30 days froia the date of receipt of such applicatioa. In case, fhe Comxaissioner fails wifhout suiEcient cause to settle a claini coinplete iu ail respects witbia 30 days, fhe Cominissioner BM';»*laia"'!St'B;sBSte!lt!;a i'>ss®sa ^^s^;s^^ii^^%N^s^^^^lKS^^^^^^^;s'i !isiSSSSiSSS8SSS39St3SSSISSSSS3SSS SSSVSSiiSSSSSsiSSSSSSSiSSSSSSSMSSS W.P. No. ('S) 6282 of2007 shall be liable for fhe delay beyond the said period and penal interest at the rate of 12 per ceiit per annuin niay be charged on the benefit amount aad the same niay be deducted froin fhe salaiy ofthe CoiiLmissioner." In view offhe above, ia the opinion offhis Court, the ends of justice would be served if fhe petitioner is directed to inake a representation. before respondent No.l and respondent No.l is directed to dispose of the same withia the stipulated period granted by this Court. Accordiagly, it is directed fhat if so advised, fhe petitioner niay ffle a detafled representatioii before respondent No.l aloug with a copy of fhis order and a copy of the Writ Petition withiu a period of 3 weeks fi-om today aud if such a representation is filed and ftie conceined docuraents of the petitioner have not been forwarded by respondent No.l to respondent No.5, respoadent No. 1, ui tura, shatl examiae the poiats raised by tiie petitioner aad forward fhe papers relating to tfae pension of fhe petitioner to respondeut No.5 ^vithia a period of60 days froia fhe date ofreceipt of the said representation or shatt dispose of fhe repi^sentation ia accordance wifh law within the said period. In case, the concemed docuinents of the petitioner are already forwarded, this order shall cany no force. With fhe aforesaid observation/direction, fhis petition staads finally disposed of. __—-— Sunil Kumar Sinha Judge Shyna