Research › Search › Judgment

Orissa High Court · body

2007 DIGILAW 272 (ORI)

Adwait Prasad Sahoo v. Regional Provident Fund Commissioner, Orissa, Bhubaneswar and two

2007-04-17

M.M.DAS

body2007
ORDER 17.4.2007 - Heard learned counsel for the parties. The grievance of the petitioner in the present writ petition is that though he has retired from service while serving as a Conductor under Orissa State Road Transport Corporation with effect from 31st January, 1999 but he has been granted pension with effect from 20th October, 2005 instead from the date following his date of retirement. The petitioner, therefore, being aggrieved by the inaction of the opposite parties in not paying the pension for the period from 1st February, 1999 till 19.10.2005 has approached this Court in the present writ peti¬tion. A counter has been filed by the Regional Provident Fund Commissioner stating that since the petitioner did not attain the age of 58 years on the date when he was made to retire under Section 12 (7) of the Employees’ Pension Scheme, 1995, he will be entitled to reduced pension to the extent of 3% for every year by which his age falls short of 58 years. Learned counsel for the petitioner, however, submits that the petitioner has not challenged the amount of pension which is received by him though admittedly at a reduced rate as per the said Section 12 (7) of the Scheme, but he is aggrieved for non-payment of pension for the period from the date of his retirement till 20th October, 2005. Considering the submissions made, I find that there is no impediment either under the Scheme or the law governing the field for payment of pension to the petitioner for the period following the date of his retirement till 19th October, 2005, though at a reduced rate as is being paid to him currently. In view of the above, this writ petition is allowed with a direction upon the opposite party No. 1-Regional Provident Fund Commissioner to pay the amount of pension to which the petitioner is entitled to receive, for the period from 1.2.1999 till 19.10.2005, within a period of three months from the date of communication of this order. Requisites for communication of this order on opposite party No. 1 shall be filed by day after tomorrow. Urgent certified copy of the order be granted as per rules. Petition allowed.