^ HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition (SlNo. ^283^>f 2007 PETITIONER G.D. Tamrakar, S/o Late Shri B.L.Tamrakar, Aged about 59 years, R/o-Jaata - 457, Janta Colouy, Gudhiyari, Raipur, District Raipur, Chhattisgarh. RBSPONDENTS 1 Food Corporation oflndia, Tbrough - Managing Director, Head Quarter - New Delhi, 16-20 Barakhamba Laae, NEW DELHI 2 The Executi.ve Director, Food Corporation oflndia, Dhiraj Anna Buildiag, Near Anaat Kanekar Police Station, Bandra (East) MUMBAI - 400051 3 The General Manager, Food Corporation of India, Riag Road Chouraha, TeUbandha, Raipur, Chhattisgarh. 4 The Area Manager, Food Corporation of India, Madeeaa Building, Jatl Road, Raipur, Chhattisgarh. 5 The Eiaployees Provident Fund Oiganization, Through - Commissioner, Regional Of&ce, 8th & 9A Floor, Mayur Bhawaa, Couaaught Circus, New Delhi - 1. WRIT PBTITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA W,P,No.(S)6283_of2Q07 ^s Appearance: Shri Pankaj Shrivastava, Counsel for fhe petitioner. Shri B.P. Gupta for icspondents No.l to 4 beiag Senior Counsel iit the paael ofthe Food Corporation oflndia. OEALQKDER (24.10.2007) SUNILKUMAR^INHA^J, Heaitt fiiiaUy wifh fhe consent ofboth the parties. Leanied counsel for fhe petitioner subinits that respoudent No.l is not forwaTding necessary particulars to respondent No.5 regarding deduction niade from the salaiy offhe petitioner in order to enable icspondent No.5 to fix fhe pension of fhe petitioner. He further subinits that fhe Employees' Pension Schenie, 1995 is applicable in case of the petitioner and as per Clause 17A of fhe said scheine, respondent No.5 is bound to fsi tfae pension of the petitioner withia a period of 30 days fixim fhe date of receipt of fhe concemed docuinents by ftie Conunissioner. He subinits that fhe petitioner has retired in ftie year 2004, but even after a lapse of about 2 years 10 raonfh.s, the pension of the petitioner has not been fixed. I have heard learaed couoisel for the parties and liave also perused the records of fhe Writ Petition. Clause 17A ofth.e Employees' Pension Scheme, 1995 referred to by leamed counsel for fhe petitioner is quoted as under : ".17A. Payment of Pensioa The claims, complete in aU respects subinitted along wifh fhe requisite documents shaU be setUed and benefit ainount paid to fhe beneficiades withiu 30 days froiu fhe date of its receipt by the Coiiuiiissioner. If fhere is aay deficiency va. the claim, the sanie shaU. be recorded in xvritin^ and coaununicated to ftie applicant wifhin 30 days froin flie date of receipt of such appUcation. In case, fhe CoTnmissioner fails without suf&cient cause to setfle a claiiu complete in aB respects wifhiu 30 days, flie Commissioner W.P. No. rS) 6283 of2007 shall be liable for the delay beyond the said period aud penal iaterest at the rate of 12 per cent per adnuin laay be charged on fhe benefit amount aad fhe same inay be deducted froia fhe salary offhe Coinuiissioner." In view offhe above, ia fbe opinion offhis Court, fb.e ends of justice would be served if fhe petitioner is directed to niake a representation before respondent No. 1 aud respondent No. 1 is directed to dispose of the same wifhin the stipulated period granted by this Court. Accordiagly, it is directed fhat if so advised, the petitioner inay file a detailed representation before respondent No.l aloag with a copy of this order and a copy of the Writ Petition within a period of 3 weeks froiu today and if such a representatiou is filed and fhe conceraed documents of the petitioner have aot been forwarded by respondent No. 1 to respondent No.5, respondent No. 1, in tum, shaU exainiae the points raised by the petitioner and forward the papers relating to the pension of fhe petitioner to respondent No.5 within a period of60 days froni the date ofreceipt of the said representatioa or shaU dispose of fhe representation in accordaace with law wifhin ttie said period. In case, the concemed documents of fhe petitioner are already forwarded, this order shall caay no force. Wifh the aforesaid observation/direction, this petition stands finally disposed of. §j/_ Sunil Kumar Sinha Judge Shyna