SCA/7689/1997 of SN SHARMA Vs DIRECTOR OF PENSION AND PROVIDENT FUND on 15 December 1997

1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

-------------------------------------------------------------- SN SHARMAVersus DIRECTOR OF PENSION AND PROVIDENT FUND -------------------------------------------------------------- Appearance: MR BN KESHWANI for Petitioner MR DA BAMBHANIA for Respondent No. 1, 3 and 4

MR JD AJMERA, LD. ADDL. CENTRAL GOVT. STANDING

COUNSEL for respondent no.2.

-------------------------------------------------------------- CORAM : MR.JUSTICE M.S.PARIKH Date of decision: 15/12/97

ORAL JUDGEMENT

Rule. Service of rule waived by Mr. D.A.

Bambhania, Ld. Govt. Solicitor for respondents nos. 1, 3 and 4 and Mr. J.D. Ajmera, Ld. Addl. Central Government Standing Counsel for respondent no. 2.

2. Mr. Bambhania, Ld. Govt. Solicitor under instructions from Mr. A.K. Darji, Superintendent from the office of Director of Pension and Provident Fund, states that if the petitioner is prepared to receive the amount of difference in the sum of Rs.1185/- less from terminal benefits which are left out so far, such terminal benefits might be released. Mr. B.N.

Keshwani, learned advocate for the petitioner submits that the petitioner is prepared to receive the amount accordingly. He also reserves liberty in respect of the amount that might be received less. Under such circumstances, following direction is issued :- The respondent no. 3 is directed to prepare the pension papers of the petitioner as per the concession stated by Mr. Keshwani with all left out terminal benefits within a period of one month from today. Such papers will be transmitted to the respondent no.1 within one week from the preparation of such papers. The respondent no. 1 will scrutinise such papers and pass appropriate orders of payment of pension and other terminal benefits, if any, within six weeks from the date of scrutiny of the papers.

Rule made absolute only in the aforesaid terms only. No order as to cost. D.S.P.

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**VRP**