^ HIGH COURT OF CHHATTISGARH, BILA8PUR it Petition (81 No. 6281 of2007 M.L. Sharma, S/o Late Shri Surya Pd. Shanna, Aged about 60 years, R/o Isai Para, Jail Road, Ward No.3, Mahasainund, District, Mahasamund, Chhatdsgarh. Y 1 Food Corporatiou of India, Through - IVlanaging Director, Head Quarter - New DeUii, 16-20 Barakham.ba Laae, NEW DELHI 2 The Executi~3 Dircctor, Pood Corporation of India, Dhiraj Amia Buflduig, Near Aaaut Kanekar Police Station, Baadra (East) MUMBAI - 400051 3 The General Maaager, Food Corporation oflndia, Ring Road Chouraha, Telibaadha, Raipur, Chhattisgarh. 4 The Area Maaager, Food Corporation of India, Madeena Building, Jail Road, Raipur, ClLhattisgarh. 5 The Eiuployees Provident Fuud Orgaiuzation, Through - Conunissioner, Regional Office, 8th & 9th Floor, Mayur Bhawan., Connaught Circus, New Delhi - 1. PBTITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA <3^ W.P. No. fS) 6281 of2007 Sbri Paakaj Shrivastava, Counsel for the petitioner. Sbri B.P. Gupta for respondents No.l to 4 being Senior Counsel in the panel ofthe Food Corporation oflndia. ORALORDjER (24.10.2007) SUNIL KUMAR SINHA^J. Heard finaUy with the consent ofbofh the parties. Leamed counsel for fhe petitioner subinits fhat respondent No. 1 is not forwaTdiag necessaiy particulars to respondent No.5 regarding deduction made froru the salary offhe petitioner ta order to enable respondent No.5 to fix the pension of fhe petitioner. He furtlier subinits fhat the Eniployees' Peusion Scheme, 1995 is applicable ia case of the petitioner and as per Clause 17A of fhe said scheme, respondent No.5 is bound to fix the pension of fhe petitioner within a period of 30 days from fhe date of receipt of ffae coaceraed docuiaents by the Conunissioner. He subinits tbat the petitioner has retiLred in fhe year 2004, but even after a lapse of about 2 years 10 raonfhs, fhe pension of the petitioner has not been fixed. I have heard learued counsel for fhe pardes aad have also perused the records ofthe Writ Petition. Clause 17A ofthe Euiployees' Pension Scheiue, 1995 neferred to by learaed counsel for the petitioaer is quoted as under: "17A. Paymeat of Peasioa The claiins, coniplete ia afl respects submitted along with fhe reqiiisite documents shaU be settled aad benefit amount paid to fhe beneficiaries withiii 30 days froiu the date of its receipt by fhe Coininissioner. If fhere is aay deficiency in fhe claun, the same shall be recorded in writing and coiuxuunicated to fhe applicant wifbia 30 days from the date of receipt of such application. In case, the Coaunissioner fails without sufBcient cause to settle a claim coinplete ia aU respects witliin 30 days, the Conunissioaer W.P. No. (S) 6281 of2007 shall be liable for the delay beyond fhe said period and penal iiiterest at the rate of 12 per cent per anniiTn inay be charged on fhe beaefit amount aiid fhe same may be deducted froin the salary of fb.e Coaiinissioner." In view of the above, ia fhe opiuion of this Court, the ends of justice would be served if the petitioner is directed to m.ake a represeutation befoic respondent No.l and respondent No.l is directed to dispose of fhe same wifhia the stipulated period granted by this Court. Accordingly, it is directed ttiat if so advised, fhe petitioner inay file a detailed representation before respondent No. 1 along wifh a copy of fhis order and a copy of the Writ Petition wifhia a period of 3 weeks froin today aud if such a representation is filed and the concemed docuiaents of fhe petitioner have not been forwarded by respondent No.l to respondent No.5, respondent No. 1, in tura, shaU examine the points raised by the petitioner and fonvard fhe papers relatuig to the pension of the petitioner to respondent No.5 wifhin a period of60 days froin fhe date ofreceipt of fhe said representation or shall dispose of the representation iu accordance witti law within the said period. In case, fhe concemed docuiaents of fhe petitioner are already forwarded, fhis order shaU cany ao force. Wifh fhe aforesaid observation/direction, fhis petition staads finaUy disposed of. _— Sd/- SunilKumarSinha Judge Shyna