HIGii^OURT OF CHHATTISGARH, BILASPUR •Wtit Petition (81 No. 6285 of 2007 PETITIONER S.R. Paikra, S/o Late Shri R.L. Paikra, Aged about 55 years, R/o Chota Ashok Nagar, Near Santoshi Mandir, Gudhiyari (Gogaon Road), Raipur, District Raipur, Chliatdsgarh 4 yersus Food Corporatiou oflndia, Through - Managing Director, Head Quarter - New Delhi, 16-20 Barakhamba Lane, NEW DELHI The Executive Director, Food Corporation of India, Dhiraj Ai~nia Building, Near Anant Kanekar PoUce Station, Baadra (Eastj MUMBAI - 400051 The General Manager, Food Corporation oflndia, Ring Road Chouraha, Telibaadha, Raipur, Chhattisgarh. The Area Maaager, Food Corporation of Inclia, Madeena Building, Jafl Road, Raipur, CIihattisgarh. The Em.ployees Provident Fuad Orgaaization, Through Coniniissioner, Regional Of&ce, gtli §, gfh ploor, Mayur Bhawaa, Connaught Circus, New Delhi - 1. WRIT PETITION UNDER ARTICLE 226 OF THB CONSTITUTION OF INDIA r^8 2 W.P.No.fS) 6285 of2007 Shri Paiikaj Shrivastava, Counsel for fhe petitioner. Shri B.P. Gupta for respondents No.l to 4 beiag Senior Counsel ia fhe panel of fhe Food Corporation of India. ORAL ORDER (24.10.2007) Heard fiiially wifh the consent ofboth fhe parties. Leamed counsel for the petitioner submits fhat respondent No.l is not forwardiag necessary particulars to respondent No.5 regarding deduction m.ade froia fhe salaiy of ffae petitioner ia order to enable respondent No.5 to fix the pensiou of fhe petitioner. He farther subniits that the Employees' Pension Scheine, 1995 is applicable in case of ttie petitioner aad as per Clause 17A of the said scheine, respondent No.5 is bound to fix die pension of fhe petitioner withia a period of 30 days froin the date of receipt of the concemed docuiuents by the Coininissioner. He submits that the petitioner has retired in the year 2004, but even after a lapse of about 2 years 10 m.onths, fhe pension of fhe petitioner has not been fixed. I have heard learaed counsel for the parties and have also perused fhe records of the Writ Petition. CIause 17A ofthe Eiaployees' Pension Scheiae, 1995 refen-ed to by leamed counsel for the petitioner is quoted as under : "17A. Paymeat of Pensioa The claLms, complete in aU respects subxnitted along with the requisite documents shaU be setfled and benefit aiaount paid to tfae beneficianes within 30 days froni the date of its receipt by fhe Cominissioner. If there is any deficiency in fhe clami, fhe same shaU be recorded ia writing and coBununicated to the applicaat within 30 days from. the date of receipt of such application. In case, the Coinmissioner fails without sufficieut cause to setUe a claira coiaplete in aU respeets wifhia. 30 days, fhe Coniinissioner '39 W.P.No.CS) 6285 of2007 Shyns shaB be liable for the delay beyond fhe said period and penal interest at fhe rate of 12 per cent per annum inay be charged on fhe benefit amount and the saine ruay be deducted froiu the salary of the Commissioner." In view of fhe above, in the opinion of ttus Court, fhe ends of justice would be served if fhe petitioner is directed to raake a representation before respondent No.l aiid respondent No.l is directed to dispose of the same ^vithin fhe stipulated period graated by fhis Court. Accordingly, it is directed fhat if so advised, the petitioner aiay file a detailed representation before respondent No.l alon^ with a copy of this order and a copy of fhe Writ Petition wifhin a period of 3 weeks froni today and if such a representation is filed and the couceraed documents of the petitioner have not been forwarded by respondent No.l to respondent No.5, respondent No. 1, ia tui-n, shaU examiae the points raised by fhe petitioner an.d forward the papers relating to the pension of the petitioner to respondent No.5 wifhiu a period of60 days froru the date ofreceipt of the said representation or shaU dispose of fhe representation in accordaace with law wifhia fhe said period. In case, fhe conceraed docuinents of the petitioner are already forwarded, this order shaU cany no force, Wifh fhe aforesaid observation/direction, this petition stands finaBy disposed of. Sd/- Suni] KumarSinha Judge