^ Writ Petition (81 No. 6231 of2007 P.K. Agrawal, S/o Late Shri Jagannafh Pd. Agrawal, Aged about 60 years, R/o House No. II/11, Matrichliaya, Anaad Niketaa Lane, Avanti. Viliar, P.0. Shankar Nagar, Raipur, District Raipur, CIihattisgarb. Food Corporation of India, Through - Maaaging Director, Head Quarter - New Delhi, 16-20 Barakhamba Lane, NEW DELHI The Executive Director, Food Corporation oflndia, Dhiraj Arma Buflding, Near Anaat Kanekar Police Station, Baadra (East) MUMBAI - 400051 The General Manager, Food Corporation of India, Ring Road Chouraha, Telibandha, Raipur, Chliattisgarb. The Area Mauager, Food Corporation of India, Madeena Building, Jail Road, Raipur, Chhattisgarh. The Employees Provident Fund Orgaaization, Tbrough - Coiniaissiouer, Regional Of&ce, 8th & 9th Floor, Mayur Bhawan, Connaught Circus, New Dellu - 1. WRIT PBTITION UNDER ARTICLE 226 OF THB CONSTITUTION OF INDIA ^ W.P. No. (S) 6231 of2007 Appearaace: Shri Paukaj Shrivastava, Counsel for the petitioner. Shri B.P. Gupta for respondents No.t to 4 being Senior Counsel in the paael ofthe Food Corporatiou oflndia. ORAL ORDER (24.10.2007) SUNIL KUMAR SINHA, J. Heard fiiiaUy with the consent ofbofh fhe partfes. Leamed counsel for the petitioner subnuts that respondent No.l is not forwarding necessaiy particulars to respondent No.5 regardiag deduction made from tfae salaiy of fhe petitioner in order to enable i^spoadent No.5 to fix the pension of fhe petitioaer. He fiuther submits that fhe Esaployees' Pension Schenie, 1995 is applicable in case of fhe petitioner aad as per Clause 17A of the said schenie, respondent No.5 is bound to fix the pension of the petitioaer within a period of 30 days jroia the date of receipt of the conceraed docuinents by the Coiainissioner. He subinits fhat fhe petitioner has retu-ed ia fhe year 2004, but even after a lapse of about 2 years 10 months, fhe pension of the petitioner has not been fixed. I have heard learaed couasel for fhe pai-ties and Iiave also perused fhe records ofthe Writ Petition. Clause 17A ofthe Employees' Pension Scheiue, 1995 referred to by leanied counsel for the petitioner is quoted as under: 17A. Payment of Peasion \\ The clainis, coinplete in aU respects subinitted alon^ with the requisite documents shall be setUed aad benefit amount paid to the beneficiaries within 30 days Iroin fhe date of its receipt by the Comiiussioner. If there is aay deficiency ia fhe claiin, the same shall be recorded ia writmg and comLmunicated to the applicaat withia 30 days froni the date of receipt of sucli appUcation. In case, fhe Coininissioner fails wifhout sufficient cause to settle a claim coiaplete ia aU respects within 30 days, the Corcunissioner W.P.No.CS) 6231 of2007 shaU be Uable for the delay beyond the said period aad penal iaterest at fhe rate of 12 per cent per auaum inay be charged on fhe benefit amount aad the sanie may be deducted from the salaiy ofthe ComTnissioner. In view of the above, in the opiaion of fhis Court, fhe ends of justice would be served if the petitiouer is directed to make a representation before respondent No.l and respoadent No.l is directed to dispose of the saine wifhin tlie stipulated period ;raated by this Court. Accordiagly, it is directed fhat if so advised, the petitioner may file a detailed representation before respondent No.l along wifh a copy of fhis order and a copy of the Writ Petition withiu a period of 3 weeks froin today and if such a representation is ffled aad fhe concemed documents of the petitioner have not been forwarded by respondent No.l to respondent No.5, respondent No. 1, in tum, shaU examine the points raised by fhe petitioner and forward the papers relating to fhe pension of the petitioaer to respondent No.5 wifhin a period of60 days froin the date ofreceipt of fhe said representation or shall dispose of fhe representation in accordaace wifh law withia fhe said period. In case, tbe coiiceraed docuinents of the petitioner are already forwarded, fhis order shall cany no force. Wifh the aforesaid observation/direction, fhis petition stands fiiiaUy disposed of. ___— - _- Sunil Kumar Sinha Judge Shyna