.» Writ Petition (St No. 6302 pf2007 R.B. Uikey, S/o-jLate Shri Rajaram, Aged about 60 years, R/o-LIG-49, Jauta Colony, Tilak Nagar, Gudhiyari, Raipiu", District Raipur, Cbhattisgarh. 4 Food Coiporation oflndia, Through - Maaagiag Director, Head Quarter - New Delhi, 16-20 Barakhamba Lane, NEW DELHI The Executive Director, Pood Corporation oflndia, Dhiraj Arma Buflding, Near Anaat Kanekar Police Station, Baadra (East) MUMBAI - 400051 The General Manager, Food Corporation of India, Ring Road Chouralia, Telibaadha, Raipur, Chhattisgarh. The Area Manager, Food Corporation oflndia, Madeena Biulding, Jail Road, Raipur, Chhattisgarh. The Einployees Provident Fund Organization, Tlirough Commissioner, Regional Office, Sth & 9th. Floor, Ma^Tir Bhawaji, Coiinaught Circus, New DeUu - 1. WRIT PETITION UNDER ARTICLE 226 OF THB CONSTITUTION OF INDIA ...^ l,,M*IWHWiU»" W.P. No. CS) 6302 of2007 Shri Pankaj Shrivastava, Counsel for the petitioner. Sliri B.P. Gupta for respondents No.l to 4 beuig Senior Counsel in the paael offhe Food Corporation oflndia. OR&L ORDER (24.10.2007) SUNIL KUMAR SINHA, J. Heard finaUy with the consent ofboth the parties. Learued counsel for the petitioner subniits ffaat respondeut No. 1 is not forwarding necessaiy pardculars to respondent No.5 regardiag deduction Biade froin ffae salary ofthe petitioner ia order to enable respondent No.5 to fix the pension of fhe petitioncr. He furth.er submits tliat the Employees' Peasion Scheme, 1995 is applicable ia case of the petitioner and as per Clause 17A of fhe said scheiae, respondent No.5 is bouad to fix the pension of fhe petitioner within a period of 30 days fi-oin fhe date of receipt of the concemed documents by the Conunissioner. He subinits fhat the petitioner has retired in. the year 2004, but evea after a lapse of about 2 years 10 inonfhs, fhe pension of fhe petitioner has not been fixed. I have heaid learued counsel for the parties and have also perused the records offhe Writ Petition. CIause 17A ofthe Einployees' Pension Scheine, 1995 refened to by leamed counsel for the petitioner is quoted as uuder: "17A. Paymeat of Pensioa The claims, coinplete iu all respects subinitted along wifh fhe requisite docuinents sball be settled and beaefit amount paid to the beneficiaries within 30 days from fhe date of its receipt by fhe Conimissioner. If there is aay deficiency ia the claim., the same shall be recorded ia writing and coiiuniuucated to fhe applicaat withia 30 days fi'oin the date of receipt of such application. In case, tbe Coininissioner faUs without sufficient cause to setfle a claira comiplete in all respects within 30 days, fhe Commissioner 3 . W.P. No. CS) 6302 of2007 •\- shall be liable for fhe delay beyond fhe said period aud penal iaterest at the rate of 12 per cent per annuia laay be charged on fhe benefit amount and the saiue inay be deducted fhe salaiy ofthe CoBainissioner." In view of the above, in. fhe opinion of ttlis Court, fhe ends of justice would be served if the petitioner is directed to make a representation before respoiident No.l and respondent No.l is directed to dispose of the same within the stipulated period granted by fhis Court. Accordingly, it is directed that if so advised, fhe petitioner inay file a detailed representation before respondent No.l along \vifh a. copy of fhis order and a copy of the Writ Petition within a period of 3 weeks fi~oin today and if such a representation is ffled and the conceraed documents of fhe petitioner have not been forwarded by respondent No.l to respondent No.5, respondent No.l, ia tum, shall examiae the points raised by the petitioner and forward the papers relatmg to fhe pension of fhe petitioner to respondent No,5 within. a period of60 days froni fhe date ofreceipt of fhe said representatioa or shatl dispose of the representation ia accordance with law witliin fhe said period. In case, fhe conceraed docuiaents of tfae petitioner are ah-eady fonvarded, fhis order shall cany no force. With the aforesaid observatiou/direction, this petition stands fiiiaUy disposed of. _____^_—— Sunil Kumar Sinha Judge Shyna