HIGH COURT OF CHHATTISQARH, BILASPUR M.R. Bhonsle, S/o Late Shri Shyain Rao Bhonsle, Aged about 54 yeai's, R/o Shivaji Chowk, Saatosbi Nagar, Raipur, District Raipur, ChlLattisgarh Food Corporation oflndia, Through - Managiag Director, Head Quarter - New DeUii, 16-20 Baraldiamba Laue, NEW DELHI The Executive Director, Pood Corporation of India, Dhiraj Arma Buflding, Near Anant Kanekar PoUce Sfation, Bandra (Eastj MUMBAI-400051 Tbe General Manager, Food Corporation of India, Ring Road GIiouraha, Telibandha, Raipur, Chliattisgarh. The Area Maaager, Food Corporation of India, Madeena Buildiag, Jafl Road, Raipur, Chhattisgarh. The Employees Oi^aaization, Provident Fund Tbrough - Cominissioner, Regioual Oflice, 8th & 9th Ploor, Mayur Bhawan, Connaught Circus, New DeUu- 1. 'iBRIT PBTITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA -^- K'i" W.P. No. CS) 6284 of2007 3^ Appearance: Shri Pankaj Sbrivastava, Counsel for fhe petitioner. Shri B.P. Gupta for respondents No.l to 4 being Senior Couusel ia the panel of fhe Food Corporation of India. SUML KUMAR SINHA, J. Heard finally with fhe consent ofbofh the parties. Learaed counsel for the petitioner subiuits that respondent No.l is uot forwardiag necessaiy particulars to respoudent No.5 regarduig deduction niade froni fhe salary of fhe petitioner ui order to enable respondent No.5 to fix fhe pension of tite petitioner. He further subinits that £he Eraployees' Peusion Scheiae, 1995 is appUcable in case of the petitiouer and as per Clause 17A of fhe said schenie, icspondent No.5 is bound to fb; fhe pension of the petitioner within a period of 30 days froin fhe date of i-eceipt of fhe conceraed docuiaents by fhe Coiumissioner. He subinits fhat the petitioner has retiied in fhe year 2004, but even after a lapse of about 2 years 10 nionths, the pension of the petitioner has not been fixed. I have heard leamed couasel for tiie pardes aad have also perused fhe records of fhe Writ Petition. Clause 17A offhe Eiaployees' Pensiou Scherae, 1995 referred to by leamed counsel for the petitioner is quoted as under: "1'7A. Payment of Peasion The clauus, coiaplete in att respects siibinitted along wifh fhe requisite documents shaU be setUed and benefit amount paid to th.e beneficiaries within 30 days fixiin fhe date of its receipt by the Coininissioner. If there is any deficiency ia fhe claiin, the same shall be recorded in writui{ and coiniuunicated to fhe applicaat within 30 days Iroin fhe date of receipt of such application. In case, the Conunissioner fails without suf5cient cause to setfle a claim. coinplete in all respects within. 30 days, the Coruinissioner W.P. No. fS) 6284 of2007 3^ shaU be Uable for the delay beyond fhe said period and penal iaterest at fbe rate of 12 per cent per annnrn m.ay be cliarged on the benefit amount aad the same niay be deducted froia fhe salarv offhe Coininissioner. In view offhe above, in llie opinion offhis Court, fh.e ends of justice would be served if fhe petitioner is dn-ected to inake a representation before respondent No.l aad respondent No.l is directed to dispose of the saiue withia fhe stipulated period ^ranted by fhis Court. Acconliagly, it is direeted that if so advised, fhe petitioner inay file a detailed representation before respondent No.l along wifh a copy of tliis order aad a copy of the Writ Petition wifhia a period of 3 weeks frora today and if such a representation is filed aad fhe concemed dociunents of fhe petitioner have not been forwarded by respondent No. 1 to respondent No.5, respondent No. 1, iu tura, shall exainine the poiuts raised by fhe petitioner and fonvard fhe papers relating to the pension of the petitioner to respondent No.5 wifhia a period of60 days froin the date ofreceipt of the said representation or shaU dispose of the representation in accordaa.ee wifh law wifhin the said period. In case, the concemed docuaients of fhe petitioner are ah-eady forwarded, this order shaU cany no force. With fhe aforesaid obseivation/direction, fhis petition staads finatly disposed of. Sd/- Sunil Kumar Sinha Judge Shyna E' .-A^-''-•-.••