HIGH COURT QF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6233 of 2007 P.G. Ramteke, S/o Late G.R. -Ramteke, Aged about 57 years, R/o Chota Ashok Nagar, Behiad Buddha Vihar, Gudhiyari, Raipui, District Raipur, Chhattisgarh. 4 Food Corporation oflndia, Through - Maaaging Director, Head Quarter - New DeUii, 16-20 Barakhaiaba Lane, NEW DELHI The Executive Director, Food Corporation of India, Dhiraj Anna Buildiag, Near Anant Kanekar Police Station, Bandra (East) MUMBAI - 400051 The General Maiiager, Food Corporation oflndia, Riag Road Chouraha, Telibandha, Raipur, Chhattisgarh. The Area Maaager, Food Coiporation of India, Madeena Building, Jafl Road, Raipur, Chliattisgarh. The Einployees Provident Fund Oi^anization, Through Coiumissioner, Regional Office, 8th & 9th Floor, Mayur Bhawan, Connaught Circus, New DeUii- 1. WRIT PETmON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^ 's W.P. No. (S) 6233 of2007 Appeaa'ance: Shri Paakaj Shrivastava, Counsel for the petitioner. Shri B.P. Gupta for respondents No.l to 4 being Senior Counsel itt fhe paael offhe Food Corporation oflndia. ORAL ORDER (24.10.2007) SUNIL KUMAR SINHA. J. Heard iBnaUy with the consent ofboth fhe pardes. Leamed counsel for the petitioner submits fhat respondeut No.l is not fonffarding necessary particulars to respondent No.5 regardiag deduction raade froin the salary of fhe petitioner ia order to enable respondeut No.5 to fix fhe pension of the petitioner. He furfher submits fhat the Einployees' Pension Schenie, 1995 is appUcable ia case of the petitioner and as per Clause 17A of fhe said scheine, respondent No.5 is bouad to fix fhe pension of the petitioner within a period of 30 days froiu fhe date of receipt of the concemed documents by fhe Conimissioner. He subinits that fhe petitioner has retired in the year 2004, but even after a lapse of about 2 years 10 nionfhs, fhe pension of the petitioner has not been fixed. I have heanl leamed counsel for fhe parties aiid have also perused the records offhe Writ Petition. Clause 17A offhe Einployees' Pension Scheiae, 1995 referred to by leamed counsel for fhe petitioner is quoted as under: 17A. Payment of Pensioa The claiuis, coiaplete in aU respects subiuitted along with the requisite documents shatl be settled and benefit amount paid to the beneficiaries wittun 30 days froni the date of its receipt by fhe Coaiinissioner. If there is any deficiency in fhe claiin, the same shalt be recorded in. writiag aad coirunuaicated to the appUcant withia 30 days froin fhe date of receipt of such application. In case, the Coniinissioner fails wifhout suf&cient cause to setde a claun coinplete ia all respects wifhin 30 days, the Coiumissioner ^. ^saB^'w^^^^^;;^ t^^£^^^^^s:?^?@ '^5 W.P.No. CS) 6233 of2007 shaU be liable for fhe delay beyond the said period and penal interest at the rate of 12 per cent per annuru niay be charged on fhe benefit amount and fhe same niay be deducted froin the salary ofthe Commissioner. In view offhe above, in fhe opiaion offhis Court, fhe ends of justice would be served if fhe petitioner is directed to inake a representatiou before respondent No.l and respondent No.l is directed to dispose of the saiae within the stipulated period granted by fhis Court. Accordingly, it is directed tliat if so advised, fhe petitioner inay file a detefled representation before respondent No.l alonj with a copy of fhis order aad a copy of the Writ Petition withia a period of 3 weeks froiu today aud if such a representation is ffled aad fhe concerued docuinents of fhe peti.tioner have not been forwarded by respondent No.l to respondent No.5, respondent No. 1, ia turu, shall examine the poiuts raised by the petitioner aad forward the papers relatuig to fhe pension of the petitioner to respondent No.5 withiu a period of60 days froai the dateofreceipt of fhe said representation or shall dispose of fhe representation in accordance wifh law wifhin fhe said period. In case, the concemed docuiaents of the petitioner are ah-eady forwarded, this order shaU cany no force. Wifh fhe aforesaid observation/dircction, tius petition staads finaUy disposed of. Sd/- Sunil Kumar Sinha Judge Shyna "\