HIGH COURT OF CHHATnSGARH. BILASPUR W»ltPetitionJSl No. 6280 of 2007 K.M. Agrawal, S/o Late Sbri D.N. Agrawal, Aged about56 years, R/o '27 / 237, Purani Basti, Touri Hatari, Raipur,ChIiattisgarh, Versus ^ 1 Food Corporation of India, Tbrougli - Maiiaging Director, Head Quarter - New Delhi, 16-20 Barakhaiaba Lane, NEW DELHI 2 The Executive Director, Food Corporation of India, Dbiraj Arma BuUdiag, Near Aaant Kaaekar Police Station, Baadra (East) MUMBAI - 4Q0051 3 The General Manager, Pood Corporation of India, Riag Road Chouraha, Telibandha, Raipur, Chhattisgarh. 4 The Area Mauager, Food Corporation oflndia, Madeena Buildmg, Jail Road, Raipur, Chhattisgarh. 5 The Employees Provident Pund Organization, Throueh Commissioner, Regional Office, 8<h & QA pjoo^ Mayur Bhawan, Connaught Circus, New DeUu - 1. WRIT PETITION UNDER ARTICLE 226 QFTHE COnrSTITUTION OF INDIA W.P.No.rSI 6280 of2007 Shri Pankaj Shrivastava, Couiisel for the petitioner. Sbri B.P. Gupta for respondents No.l to 4 being Senior Counsel in the panel offhe Food Corpoiation oflndia. OFtAL ORDBR (24.10.2007) SUNIL KUMAR SINHA, J. Heard finatly wifh fhe consent ofbofh fhe parties. Leamed counsel for the petitioner subniits that respondent No.l is not for«7anling necessary particulars to respondent No.5 regardiug deduction made from fhe salary of the petitioner in order to enable respondent No.5 to fix the pension of fhe petitioner. He further subniits fhat fhe Eniployees' Pension Scheine, 1995 is applicable ia case of the petitioner and as per Clause 17A of fhe said scheiae, respondent No.5 is bound to fix the pension of fhe petitioner witbin a period of 30 days froin fhe date of receipt of the concemed docunients by the Couinussioner. He subnuts fhat fhe petitioner has retired ia the year 2004, but even after a lapse of about 2 years 10 inonfhs, the pension of the petitioner has not been fixed. I have heard leamed CQuasel for the parties and have also perused the records offhe Writ Petition. Clause 17A of fhe Employees' Pension Scheme, 1995 referred to by learued counsel for the petitioner is quoted as under: 17A. Paymentof Pension The claiins, coniplete ia aU respects subiaitted alon; with the requisite documents shaU be setfled and benefit araount paid to fhe beneficiaries within 30 days froin the date of its receipt by fhe Coinxuissioner. If fhere is aay deficiency ia fhe clami, fhe same shall be recorded ia writing aad conitauiiicated to the appUcant wifhin 30 days iroin fhe date of receipt of such appUcation. In case, the Coinmissioner fails wifhout sufficient cause to setde a.claiin coinplete ia aU respects wifhiu 30 days, fhe Coinnussioner "4S W.P. No. rS) 6280 of2007 shaU be liable for fhe delay beyond the said period and penal interest at fhe rate of 12 per cent per aruium raay be charged on fhe benefit amount aud fhe same niay be deducted jfroni the salary of the Commissioner,' In view oftfae above, ia fhe opinion ofthis Court, the ends of justice would be served if the petitioner is directed to inake a representation before respondent No.l and respondent No.l is directed to dispose of the same wifhia fhe stipulated period granted by this Court. Accordingly, it is directed that if so advised, the petitioner inay file a detailed representation before respondeat No. 1 along wifh a copy of fhis order aiid a copy of the Writ Petition within a period of 3 weeks froia today and if such a representation is filed aad ttie conceraed dociunents of the petitioner have not been forwarded by i^spondent No.l to respondent No.5, respondent No. 1, in tum, shall examuie fhe points raised by fhe petitioner and forward fhe papers relatmg to the pension of fhe petitioner to respondent No.5 withia a period of60 days froin fhe date ofreceipt of the said representation or shaU dispose of fhe representatioii in accordance wifh law withiu fhe said period. In case, the concenied docunients of the petitioner are already forwarded, fhis prder shall cany no force. Wifh the aforesaid observation/direction, fhis petition stands finaUy disposed of. Sunil Kumar Sinha Judge -Shyna