Tekchand Patel vs State Of Madhya Pradesh And Others

Jai Kumar Pillai, J

Present petition is filed seeking following reliefs :-

"(i) Issue a writ of mandamus directing respondent No.2 to consider and decide pending representation of the petitioner Annexure P/5 as expeditiously as possible.

(ii) Issue a Writ of Mandamus directing Respondents to Provide Pensionary Benefits to Petitioner, which he is entitled of.

(iii) To grant any other relief(s), which the Hon'ble Court may deem just and proper on the facts and circumstances of the case, along with the cost of this. Petition."

Since, an innocuous prayer has been made by the petitioner to direct respondent No.2 to initiate necessary action against respondent No.3 on the ground that the petitioner has been superannuated on 08.07.2022, however, despite lapse of more than 4 years the retiral benefits has not been disbursed by the respondent No.3.

It is the case of the petitioner that respondent No.3 has not deposited the entire amount of provident fund with respondent No.2 and, therefore, it appears that on account of non deposit of provident fund for the entire period of service for which has discharged his service, the pension claim of the petitioner has not been settled. It is, therefore, directed that respondent No.2 shall take necessary steps to ensure that respondent No.3 shall deposit the entire provident fund of the petitioner from the initial date of appointment till the date of superannuation and shall disburse the amount of provident fund with applicable rate of interest as declared by Govt. of India from time to time.

Needless to mention that after after deposit of the entire amount by respondent No.3, if not deposited already, the respondent No.2 shall process the pension claim of the petitioner accordingly and disburse the same within further period of 30 days from the date of determination of the amount after recovery of the said amount if required from respondent No.3. Let the said exercise be done within a period of 3 months from the date receipt of certified copy of this order.

Needless to mention that if respondent No.2 finds that respondent No.3 is not cooperating in inquiry for deposit of the amount of the petitioner for any reason, the respondent No.2 shall be at liberty to initiate coercive steps for summoning the entire records and for deposit of the entire amount which shall also include issuance of recovery order under section 8 of the Act so that the amount so determined as per entitlement of the petitioner can be recovered from respondent No.3 accordingly.

With the said observation, petition stands disposed off.