^o HIGH COURT OF CHHATTISGARH. BILASPUR Wrlt Petitioa (S) No. 6235 pf 2007 S.D. Sharma, S/o Late Shri Ram Lal Sharma, Aged about 59 years, R/o-Lavkush Shanua, luilibhata, Ward No.2, Mahasaaiund, Distnct 'Mahasamund, Chhattisgarh. 1 Food Corporation of ludia, Through - Managiag Director, Head Quarter - New DeUii, 16-20 Barakhamba Lane, NEW DELHI 2 The Executive Director, Food Corporation oflndia, Dhiraj Arma Biuldiag, Near Anaat Kaaekar PoUce Station, Bandra (East) MUMBAI-400051 3 The General Manager, ^ Food Corporation of India, Ring Road Chouraha, Telibandha, Raipur, Chliattisgarh. 4 The Area Manager, Food Corporation of India, Madeena Buildiag, Jail Road, Raipur, Chhattisgarh. 5 The Einployees Provident Fund Oi^anization, Through - Coininissioner, Regional Office, 8th & 9*h Floor, Mayiir Bhawan, Connaught Circus, New DeUii- 1. PBTITION UNDBR ARTICLE 226 OF THE CONSTITUTION OF INDIA 31 W.P. No. (S16235 of2007 Appearaace: Shri Paakaj Shrivastava, Couusel for ttie petitioner. Shri B.P. Gupta for icspondents No. 1 to 4 being Senior Couasel in the paael of the Food Corporation of India. ORAL ORDER (24.10.2007) ./ ^.,. ,J. Heard finaBy with the consent ofboth the parties. Learaed counsel for the petitioner subinits that respondent No.l is not forwardiag necessary particulars to respondeat No.5 regarding deduction laade froia the salary of fhe petitioner in order to enable respondent No.5 to fix the pension of the petitioner. He further submits that the Eiuployees' Pension Scheine, 1995 is applicable in case of fhe petitioner aad as per Clause 17A of the said scherue, respondent No.5 is bound to fix fhe pension of the petitioner wifhin a period of 30 days Ironi fhe date of receipt of the conceraed docuiaents by fhe Conuxdssioner. He subinits fhat the petitioner has retired ia fhe year 2004, but even after a lapse of about 2 years 10 inonfhs, the pension of fh.e petitioner has not been fixed. I have heard learaed counsel for the parties aad have also perused the records of the Writ Petition. Clause 17A offhe Eiaployees' Peasion Scheine, 1995 referrcd to by leamed couxisel for fhe petitioner is quoted as under: "17A. Payment of Pensioa The claiins, coinplete in all respects submitted along wifh fhe requisite docuiuents shaU be setfled and benefit amount paid to the bene&ciaries wifhm. 30 days froin. ftie date of its receipt by the Conunissioner. If there is any deficiency in the claim, fhe saine shaU be recorded in writing and coininunicated to the applicant within 30 days froiu the date of receipt of such appKcation. In case, fbe Conunissioner fails wifhout suflicient cause to settle a claim coiuplete in all respects withia 30 days, fhe Coininissioner W.P. No. (S) 6235 of2007 shall be liable for the delay beyond fhe said period and penal interest at the rate of 12 per ceiit per aaniua niay be charged on the benefit amount and the same inay be deducted froia the salary ofthe Coininissiouer." In view of the above, ia the opiaion of this Court, fhe ends of justice would be served if fhe pedtioner is directed to niake a represeutation before respondent No.l aad respondent No.l is directed to dispose of fhe same wifhia the stipulated period grauted by this Court. Accordingly, it is directed that if so advised, tlie petitioner luay file a detajled representation before respondent No.l along with a copy of fhis order aad a copy of the Writ Petition wifhin a period of 3 weeks froiu today and if such a representation is filed and the concemed docuinents of the petitioner have not been forwarded by respoadent No.l to respondent No.5, respondent No. 1, ia tuin, shatl examine the poiats raised by fhe petitioner aiid foiward the papers relatuig to fhe pension of the petitioner to respondent No.5 wifhiti a period of60 days froin fhe date ofreceipt of the said representation or shall dispose of fhe representation ia accordance with law within fhe said period. In case, the concenued docuinents of fhe petitioner are ah-eady forwarded, fhis order shaU cany no force. With fhe aforesaid observation/direction, this petition stauds finaUy disposed of. Sunil Kumar Sinha Judge Shyna