WRIT PETITION 20567 of 1994 on 27 October 1994

ORDER:

The petitioner is aggrieved by the inaction on the part of the respondents in implementing the orders passed by this Court in W.P. No.20567 of 1994, dt.27.10.1998.

02. The petitioner was initially joined as a Tally Clerk in the Department of Food under the control of the Ministry of Food & Agriculture, Bangalore, on 12.04.1955. In the year 1964, after the establishment of the Food Corporation of India, the petitioner was transferred to the Food Corporation of India. Subsequently, he was promoted as Assistant General Manager. It is the case of the petitioner that he exercised the option to continue in the Food Corporation of India and sent his option to the Central Government in the year 1977 for consideration. As the Central Government of India had not taken any steps, the petitioner filed W.P. No.20567 of 1995, wherein this Court passed the orders on 27.10.1994 directing the respondents therein to admit the petitioner as an employee of the Food Corporation of India and the petitioner is entitled for C.P.F. at 8.33% from the date exercised his option till the date of retirement i.e.31.12.1992. The respondents therein were directed to transfer the account of the petitioner from the General Provident Fund Scheme to the Contributory Provision Fund Scheme, preferably within a period of four months.

03. During the course of the hearing, learned counsel for the petitioner submits that in spite of a positive direction from this Court, the respondents have not implemented the said orders and as the petitioner was working in the respondents’ Corporation, he did not exercise his right of filing the contempt with a fond hope of the respondents would consider and implement the orders of this Court. Apart from that, the petitioner retired from service on 31.12.1992 and passed away. The legal heirs of the petitioner are also brought on record.

04. There is no representation for the respondents and no counter has been filed.

05. Considering the submissions of the learned counsel for the petitioner and the age of the legal heirs of the petitioner, this Court is inclined to allow the writ petition directing the respondents to implement the orders, dt.27.10.1998, passed in W.P. No.20567 of 1994 and forthwith transfer the account of the petitioner from the General Provident Fund Account to Contributory Provident Fund within a period of four weeks from the date of receipt of this order. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

Dt.11.12.2023 BV

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JUSTICE HARINATH. N