iv^if^^^se^ HIGH COURT OF CHHATTISGAKH. BILASPUR Writ Petltion (81 No. 6299 of 2007 PETITIONER (v, J.R. Sterliag, S/o Late Shri. R. Sterliag, Aged about 58 years, R/o-Haauinaii Nagar, Near Gopal Kirana Store, Gudhiyari, Raipur, District Raipur, Chliattisgarh. 4 Versus Food Corporation of India, Tbrough - Managiag Director, Head Quarter - New Delhi, 16-20 Barakha.rn.ba Lane, NEW DELHI The Executive Director, Food Corporation of India, Dhiraj Arma Buildiug, Near Anaut Kaaekar PoUce Station, Bandra (East) MUMBAI-400051 The General Maaager, Food Corporation oflndia, Ring Road Chouraha, Telibaiidha, Raipur, Chhattisgarh. The Area Msaiager, Food Corporation of India, Madeena Building, Jafl Road, Raipur, Chliattisgarh. The Einployees Provident Fuiid Orgauization, Through - CoTnTnissioner, Regional Office, 8th & 9th Floor, Mayur Bhawaa, Connaught Circus, New Dellu- 1. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTI01I OF INDIA rv W.P. No. CS) 6299 of2007 Appearance: Shri Paakaj Shrivastava, Couasel for the petitioner. Shri B.P. Gupte for respondents No.l to 4 toeiag Senior Counsel hi the panel ofthe Food Corporation oflndia. ORAL ORDER (24.10.2007) j—^ Heard fmaUy wifh fhe consent ofbofb. fhe parties. Learaed couiisel for fhe petitioner subinits fhat respondent No.l is not fonvardiag necessaiy pardculars to respondent No.5 regardiag deduction m.ade from fhe salaiy of fhe petitioner in order to enable respondent No.5 to fix fhe pension of fhe petitioner. He farfh.er subiuits that fhe Eniployees' Peusion Scheme, 1995 is appUcable ia case of the petitioner aad as per Clause 17A of fhe said scheiae, respoudent No.5 is bound to fix the pension of fhe petitioner wiflun a period of 30 days froin the date of receipt of fhe concemed docuiuents by the Coruniissioner. He subinits fhat the petitioner has retired ia fhe year 2004, but even after a lapse of about 2 years 10 nionths, fhe pension of the petitiouer has not been fixed. I have heard learued counsel for the parties and have also peinsed the records of the Writ Petition. Clause 17A ofthe Employees* Pension Scheme, 1995 referred to by leamed counsel for fhe petitioner is quoted as uiider : "17A. Payment of Pensioa The claiins, coinplete in aB respects submitted along wifh. the requisite docuinents shatl be settled and benefit amount paid to the beneficiaries within 30 days froin the date of its receipt by the Coiniaissioner. If fhere is any de&ciency in the claini, fhe saine shaU be recorded in writuig and coiiunuaicated to the applicaat withiu 30 days front fhe date of receipt of such application. In case, ftie Conunissioner fails wifhout sufficient cause to setfle a claim coinplete in aU respects wittun 30 days, the Coirunissioner "^-% -V!:, ^ '% '^ l.. Skr^ i VSStSSt. S •'~-'V.''::.v£:'i9. %, ''Stmsft' ~~l<'assa3' W.P.No.CS) 6299 of 2007 shall be liable for the delay beyond fhe said period aad penal iaterest at fhe rate of 12 per cent per amauni niay be charged on fhe benefit aiaount and fhe sanie niay be deducted froui the salary ofthe Cominissioner." In view of the above, ia fhe opiruon of tiiis Court, the ends of justice would be served if fhe pethioner is directed to m.ake a representation before respondent No. 1 and respondent No. 1 is directed to dispose of fhe same withia the stipulated period graated by this Court. Accordiagly, it is directed fhat if so advised, the petitioner inay file a detailed representation before respondent No.l along wifh a copy of fhis order and a copy of the Writ Petition wifhia a period of 3 weeks froiu today aad if such a representation is filed aud fhe concemed docuinents of fhe petitioner have not been forwarded by respondent No.l to respondent No.5, respondent No. 1, ia tum, shall examiae fhe poiats raised by fhe petitioner aad forward fhe papers relatlag to fhe pension of the petitioner to i^spondent No.5 within a, period of60 days froin fhe date ofreceipt of the said repi^sentation or shaU dispose of fhe representation ia accordance wifh law within. fhe sakl period. In case, ihe concemed docuinents of fhe petitiorBer are already forwarded, this order shaU carry no force. With the aforesaid observation/direction, this petition staads finaUy disposed of. ~ Sunil Kumar Sinha Judge Shyna