K2; HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (8} No. 6279 of 3007 4 Z.A. Khan, S/o-Late ShriA.H. Khsxa, Aged about 57 years, R/o-Permaneut Address-Village Kotwa, P.O.Thauri, District Sultaapur (U.P.), Present Address - Opp. Dr. K.S.Thakur, Paliadi para, Gudhiyan, Raipur, District Raipur, Chliattisgarh. Food Corporation of India, Through - Mauagiag Director, Head Quarter - New Delhi, 16-20 Barakhaniba Lane, NEW DELHI The Executive Director, Food Corporation of India, Dhiraj Anua Building, Near Anant Kanekar Police Station, Bandra (East) MUMBAI-400051 The General Manager, Food Corporation of India, Ring Road Chouraha, TeUbaadha, Raipur, Chhattisgarh. The Area Maiiager, Food Corporation oflndia, Madeena Builduig, Jail Road, Raipur, Chhattisgarh. The Eiuployees Provideat Fund Orgauization, Through - Coininissioner, Regional Office, 8th & 9th Floor, Mayur Bhawan., Connaught Circus, New Delhi - 1. WRIT PBTITION UNDER ARTICLE 226 OF THE CONSTITUTION OF SNDIA W.P. No. CS) 6279 of2007 Shri Pankaj Shrivastava, Counsel for flie petitioner. Shri B.P. Gupta for respondents No.l to 4 being Seaior Counsel ia the paael offheFood Corporation oflndia. SUmLKUMARSINHA, J. Heard finally wifh the consent ofbofh the parties. Leanied counsel for fhe petitioner submits that respondent No.l is not forwardiag necessary particiilars to respondent No.5 regarding deduction raade from the salary of fhe petitioner in. order to enable respondent No.5 to fix fhe peusion. of fhe petitioner. He ftirther submits that fhe Employees' Pension Scheme, 1995 is applicable ia.case of the petitioner and as per Clause 17A oftlie said scheine, respondent No.5 is boiind to fix the pension of the petitioner wifhia a period of30 days .from the date ofreceipt ofthe concemed docuruents by the Comiiiissioner. He subniits that the petitioner has retired ia fhe year 2004, but even after a lapse of about 2 years 10 inonfhs, fhe pension of the petitioner has not beeii fixed. I have heard leamed counsel for fhe parties aad have also perused the rccords offhe Writ Petition. Clause 17A offhe Employees' Pension Schenie, 1995 referred to by leamed couusel for the petitioner is quoted as under : « The claiins, coinplete in all respects subiuitted along with fhe requisite docuiuents shaU be setUed aad benefit amount paid to fhe toeneficiaries within 30 days from the date of its receipt by the Coiniuissioner. If there is aiiy deficiency in the claim, the same shatl be recorded ia writia^ and coiiununicated to the applicaut withia 30 days froin the date of receipt of such appUcation. In case, the CoDunissiouer fails wifhout sufficient cause to setde a claiia coiuplete ia aU respects withia 30 days, fhe Coininissioner W.P. No. (S) 6279 of2007 shall be liable for fhe delay beyond fhe said period aad penal interest at fhe rate of 12 per cent per annum inay be charged on fhe benefit amount aad the same may be deducted frosa. the salaiy ofthe Coiniiussion.er." In view of the above, ia fhe opiniou of this Court, the ends of justice would be served if fhe petitioner is directed to inake a representation before respondent No.l aud respondent No.l is dirccted to dispose of flie same WTittun tlie stipulated period graated by fhis Court. Accordiagly, it is directed that if so advised, the petitioner may file a detailed representation before respondent No. 1 alon^ tvifh a copy of this order and a copy of the Writ Petition wifhin a period of 3 weeks from today aad if such a representation is filed and fhe concemed dociunents of fhe petitioner have not beeu forivarded by respondent No.l to respondent No.5, respondeat No. 1, ia tura, shaU exaintne fhe poiats raised by the petitioner and fonvard fhe papers relating to fhe pension of fhe petitioner to respondent No.5 withia a period of60 days froia fhe date ofreceipt of the said representation or shaU dispose of fhe representation in accordaace wifh law witfaia fbe said period. In case, the concemed docuinents of fhe petitioner are already forwarded, ttus oi~der shall csa~ry -0.0 force. Witli tlie aforesaid observation/direction, fhis petition stajids finally disposed of. Sd/- Sunil KumarSinha Judge Shyna