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Sk. Sadab, vs The State of Jharkhand

Jharkhand High Court · Decided on 18 November 2017 · Citation: (2017) 11 JH CK 0022

HON’BLE JUDGES
Aparesh Kumar Singh
RESULT
Disposed
CASE NUMBER
3411 of 2017
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Judgment

34 paragraphs · 429 words
1.

Heard counsel for the parties.

2.

Petitioner has retired on 31.10.2012 from the post of Handling Labour while

working in the office of the Manager, Food Corporation of India, Food Storage

Depot, Daltonganj (Respondent no. 5). His pension has not yet been finalized. He

has also raised a claim for bonus for the period 2011-2012.

3.

According to the petitioner, he has served the Corporation since his

appointment on regular basis in the year 1984 on the same post and has also

received salary as revised from time to time by the Corporation. According to him,

C.P.F. amount was deducted from his salary and was paid with interest. Gratuity and

Group Insurance has also been paid. He has made representation for finalization of

his pension in a duly filled up prescribed proforma with supporting documents, duly

forwarded by the Respondent No. 5, but the same remains due. He is facing

financial hardship and has therefore represented also before coming to this Court.

4.

Learned counsel for the Respondent FCI Mr. Nipun Bakshi submits that the

claim of the petitioner for pension which is under C.P.F. Contributory Scheme would

be considered by the competent authority within a reasonable time and the matter

would be forwarded to the Provident Fund authorities for release of the admissible

dues. Claim towards bonus would also be considered by the Respondents.

5.

Taking note of the relevant factual matrix of the case, as borne out from the

pleadings, without making any comments on the admissibility of the claim at this

Stage, writ petition is being disposed of with a direction to the competent authority /

General Manager, Food Corporation of India, Ranchi (Respondent No. 2) to take a

decision in respect of the aforesaid claim towards pension and bonus of the

petitioner, within a period of twelve weeks from the date of receipt of a detailed

representation containing supporting documents as well and copy of this order.

Dependent upon the decision so taken, if the claim is found admissible, relevant

record be forwarded to the office of the Respondent No. 4 - Assistant Provident

Fund Commissioner Employee, Provident Fund Organization, Ranchi for

finalization of the pension claim. Office of the Provident Fund Commissioner after

due scrutiny of the claim of the petitioner if he is found entitled to the claim, would

release the admissible pension along with its arrear within a reasonable time

thereafter. The admissible claim towards bonus, if any, be also released by the

Respondent No. 2, as per the decision taken, within a reasonable time. Writ petition

is disposed of accordingly.