33 HIGH COURT OF CHHATTISGAKH. BILASPUR Writ Petition (81 No. 5236 of2007 J.P. Sahu, S/o Late Shri Tulsi Ram Sahu, Aged about 56 years, R/o Near T.V. Tower, Shri Ram Nagar, Phase-II, Shankar Nagar, Raipur, District Raipur, Chattisgarh. 4 Pood Corporation oflndia, Through - Man^ing Director, Head Quarter - New DeUu, 16-20 Barakhamba Lane, NEW DELHI The Executive Dn-ector, Food Corporation oflndia, Dhiraj Arma Buiidiag, Near Anaut Kanekar Police Station, Baadra (East) MUMBAI - 400051 The General Manager, Food Corporation of India, Riag Road Chouraha, TeUbandha, Raipur, Chliattisgarh. The Area Maaager, Food Corporation of India, Madeena Biulduig, Jail Road, Raipur, Chliattisgarh. The Employees Provident Fund Oi^anization, Through Coinuussioner, Regional Office, 8th & 9th Floor, Mayur Bhawaa, Connaught Circus, New DeBii - 1. WRIT PETITION UNDER ARTICLE 226 OF THE CONST!TUT!OK OF INDIA W.P.No.fS^ 6236 of2007 Apjiearance: Shri PaBlcaj Shrivastava, Counsel for fhe petitioner. Shri B.P. Gupta for respondents No.l to 4 beiug Senior Counsel in the panel ofthe Food Corporation oflndia. ORAL ORDER (24.10.2007) SUNIL KUNAR.SINHA, J. Heard fijiaBy with the consent ofbofh titie parties. Leamed counsel for fhe petitioner subinits fhat respondent No.l is not fonvarding necessary particulars to respondent No.5 regardiag deduction inade froin the salary of fhe petitioner in order to enable respondent No.5 to fix the pension of fhe petitiouer. He further subinits that fhe Einployees' Pension Scheiae, 1995 is applicable in case of fhe petitioner and as per Clause 17A of the said scheme, respondent No.5 te bound to fix fhe pension of the petitioner withia a period of 30 days from the date of receipt of the concemed docuiaents by fhe Coiiunissioner. He subinits fhat fhe petitioner has retired in fhe year 2004, but even after a lapse of about 2 years 10 inonfhs, fhe pension of fhe petitioner has not been fixed. I have heard learned counsel for fhe parties and have also perused fhe records offtie Writ Petition. Clause 17A offhe Employees' Pension Scheme, 1995 rcferred to by leamed counsel for the petitioBer is quoted as under : 17A. Paynaent of Pension The clauns, coinplete iu all respects subnutted along wifh fhe requisite docuiuents shall be settled aud benefit amount paid to fhe beneficianes withia 30 days from the date of its receipt by fb.e Coiuinissioner. If there is any deficiency in fhe claiin., fhe saaie shall be reconied in writinj and coianiuaicated to fhe appUcant within 30 days iroia fhe date of receipt of sucb appUcation. In case, the Coiamissioner fails wifhout sufficient cause to setUe a claim. coiuplete ia aU respects wifhin. 30 days, the Conunissioner W.P.No.(S16236 of2007 shaU be liable for the delay beyond the said period and penal iaterest at the rate of 12 per cent per annuia may toe charged on fhe benefit amount an.d fhe saine raay be deducted froiu fhe salary of the Coinmissioner. In view of the above, m fhe opiaion of fhis Court, the ends of justice would be served if the petitioner is directed to xaake a represeutation before respondent No.l aiid respondent No.l is dn-ected to dispose of the sam.e wifhia fhe stipulated period ^raated by this Court. Accordingly, it is directed that if so advised, the petitioner aiay file a detafled reptesentation before respondent No. 1 along witti a copy of this order and a copy of the Writ Petition wittun a period of 3 weeks from today and if such a representation is ffled and fhe conceraed documents of fhe petitioner have not been forwarded by respondent No l to respondeut No.5, respondent No, 1, in tura, shaU examiae the points raised by the petitioner aad forward the papers relating to fh.e pension of the petitioner to respondent No.5 willim. a period of60 days Iroin fhe date ofreceipt of the said represeatation or sb.aS. dispose of ftie represeatation iu accordaace with law withia the said period. In case, fhe conceraed documents of the petitioner are aiready forwarded, this order sbaU cany no force, Witfa the aforesaid obseivation/direction, fhis petition stands finaUy disposed of. -————-. 7.-7^—— Sunil Kumar Sinha Judge Shyna