IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3901 of 2008(M)
1. S.JAYATHILAKAN ,RETIRED ASST.MANAGER
... Petitioner
Vs
1. THE REGIONAL PROVIDENT COMMISSIONER
... Respondent
2. THE ASST. GENERAL MANAGER (CPF)
3. THE EXECUTIVE DIRECTOR (SOUTH)
4. THE DISTRICT MANAGER
For Petitioner :SMT.P.K.SANTHAMMA
For Respondent :SRI.P.JACOB VARGHESE, SC, FCI
The Hon'ble MR. Justice V.GIRI
Dated :01/02/2008
O R D E R
V.GIRI,J.
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W.P ( C) No. 3901 of 2008
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Dated this the 1st February, 2008
J U D G M E N T
Petitioner was an employee of the Food Corporation of
India. He retired from service as Assistant Manager (Quality
Control) of the Food Corporation of India on 2.12.2004.
Employees Family Pension Scheme was introduced in FCI in
1996. The details of the employees pension scheme is contained
in Ext.P1. It is admitted that the petitioner is a member of the
employees pension scheme, which is a contributory pension
scheme. Payment of contribution is as per clause – iii of Ext.P1.
Petitioner has eligible service and is entitled to get pension. His
grievance is that necessary returns are not forwarded to the first
respondent, the Regional Provident Fund Commissioner and
therefore the pension is yet to be disbursed to him.
2. Mr. Jacob Varghese, learned standing counsel for the
Food corporation of India, on instructions, submits that he has
already instructed the competent authority to forward the annual
return, in relation to the petitioner and needful shall be done
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without any further delay. Standing counsel for the first
respondent Smt.Girija submits that immediately on receipt of the
annual return from the FCI, steps will be taken to disburse the
pension due and admissible to the petitioner. These submissions
are recorded.
3. In the circumstances, the writ petition is disposed of in
the following terms:
1) Annual return, relating to the petitioner, for the purpose
of Employees Pension Scheme, shall be forwarded by the
concerned District Manager of the Food Corporation of India , as
expeditiously as possible, at any rate, within a period of one
month from the date of receipt of a copy of this judgment, to the
first respondent – Regional Provident Fund Commissioner.
2) Immediately on receipt of the said annual return from
the District Manager of the Food Corporation of India, the first
respondent- Regional Provident Fund Commissioner shall verify
the eligibility of the petitioner in relation thereto and then
proceed to disburse pension due and admissible to him, within a
period of one month thereafter. It is made clear that if there is
delay in forwarding of the annual return, then the Food
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Corporation of India will be made liable for payment of interest
for the amount due to the petitioner, after the period of one
month as mentioned above. Similarly, if there is delay in the
disbursal of pension due to the petitioner, after receiving of the
annual return, first respondent will also liable to pay interest to
the petitioner for the delayed payment.
V. GIRI, JUDGE
ma
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(V.GIRI, JUDGE)
ma
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
25th May, 2007