<3^ HIGH COURT OF CTIHATTISGARH,JBILASPUR Writ Pet!ypn^(SLNo^6301 of 2007 R.K. Yadav, S/o ShriS.R. Yadav, Aged about 55 years, R/o-Shankar Nagar, Near Ramlela Chowk, Khamardih (Basti), Raipur, District Raipur, Chhattisgarh Versus 1 Food Corporation oflndia, Through - Managiag Director, Head Quarter - New DeUu, 16-20 Barakhamba Lane, NEW DELHI 2 The Executive Director, Food Corporation of India, Dhiraj Arma Buflding, Near Anant Kanekar PoUce Station, Bandra (East) MUMBAI-400051 3 4 The General Maaager, Food Corporation of India, Riag Road Chouralia, Telibaadha, Raipur, Chhattisgarh. The Area Man^er, Food Corpoiation oflndia, Madeena Bufldiag, Jail Road, Raipur, Chliattisgarh. The Employees Provident Fuud Organization, Through - Coniinissioner, Regioaal OfBce, gth & 9*h ploor, Mayur Bhawaa, Coanaught Circus, NCTV DeUii - 1. PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 's';®c;B'&B»"»i«t^!»i'te«aBSB'{Sfe«SriNiWih'iii^^ s% W.P. No. fS) 6301 of 2007 Appearance: Shri Paiikaj Shrivastava, Counsel for the petitioner. Shri B.P. Gupta for i^spondents No.l to 4 beiug Senior Counsel irt fh.e paael of the Food Corporation of India. (24.10.2007) Heard finally with the consent ofbofh 1±ieparties. Leamed counsel for the petitioner submits that respondent No.l is not forwanling necessary particulars to respondent No.5 regarduig deduction inade froin fhe salaiy of the petitioner in order to enable respoudent No.5 to fix fhe pension of the petitioner. He furfher subinits fhat fhe Em.ployees' Pension Scheine, 1995 is applicable ia case of fhe petitioner and as per Clause 17A of the said scheine, respondent No.5 is boiuid to fix the pension of the petitioner wifhin a period of 30 days froin the date of receipt of fhe conceraed documents by fhe Coiuiaissioner. He subuuts that fhe petitioner has retired in fhe year 2004, but even after a lapse of about 2 years 10 inonfhs, fhe pension of the petitioner has not been fixed. I have heard learaed counsel for the parties and have also perused the records of the Writ Petition. Clause 17A offhe Einployees' Pension Schenie, 1995 referred to by leamed counsel for fhe petitiouer is quoted as under ; The claiias, coiuplete in all respects submitted along wifh the requisite docuineuts shaU be settled and benefit amount paid to the beneficiaries wifhia 30 days froin the date of its receipt by the Coininissioner. If fhere is any deficiency ui fhe claimi, fhe same shaU be recorded ia writuig aad coiaiiiuiiicated to the applicaat wifliia 30 days froin fhe date of receipt of such application. In case, fhe Coininissioner fails wifhout sufficient cause to setde a clarm coinplete m. atl respects withia 30 days, fhe Coinnussioner 96 W.P. No. SS) 6301 of2007 shall be liable for the delay beyond ffae said period and penal iaterest at fhe rate of 12 per cent per annuia inay be charged on the benefit amouiit aad the sam.e iiiay be deducted from. the salary ofthe Couiniissioner." In view ofthe above, ui the opinion ofthis Court, fhe ends of justice would be served if fhe petitioner is directed to luake a representation before respondent No.l aad respoudent No.l is directed to dispose of the same within fhe stipulated period grauted by fbis Court, Accordingly, it is directed that if so advised, the petitioner iaay file a detaUed representatiou before respondent No. 1 along wifh a copy of this order and a copy of the Writ Petition wifhia a period of 3 weeks froin today and if such a icpresentation is filed and fhe conceraed docuinents of fh.e petitioner have not been forwarded by respondent No.l to respondent No.5, respondent No. 1, in tum, shaU exainine the poiats raised by tfie petitioner and fonvard fhe papers relating to fhe pension of the petitioner to respondent No.5 withia a period of60 days froia tbe date ofreceipt of fhe said representation or shall dispose of the representation in accordaace wifh law wifhin fhe said period. In case, the concemed docuinents of fhe petitioner are ah-eady forwarded, fhis order shall cany no force. With fhe aforesaid observation/direction, fhis petition stands finaUy disposed of. _____._——-—~~ Sunil Kumar Sinha Judge Shyna