Bajrang Jangali Mohekar v. The Commissioner Employees Provident Fund And Another

2024:BHC-AUG:28079-DB 12528.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 12528 OF 2024 BAJRANG JANGALI MOHEKAR

VERSUS

1. THE COMMISSIONER, EMPLOYEES PROVIDENT, AURANGABAD

2. SMARTH SAHAKARI BANK MARYADIT, JALNA ....

Mr Madhav C. Ghode, Advocate for petitioners Mr N. K. Choudhari, Advocate for respondent No.1 CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 28th November, 2024 PER COURT:

1.

It is a matter of pension under the Employees' Pension Scheme, 1995. The petitioner has been refused the pension. 2.

The learned Advocate for respondent No.1 tenders across the bar affidavit-in-reply. Simultaneously, he submits that the petitioner had approached respondent No.1 last evening and has submitted a letter expressly mentioning that he would withdraw his request for pension through earlier Online application in the Form 10D and would submit a fresh offline

12528.24wp (2) application in the Form 10D without giving any nomination (no nominee). He further submits that if the petitioner follows this course, respondent No.1 would consider his request afresh. 3.

The learned Advocate for petitioner accepts the fact about the petitioner having submitted such letter and also confirms that he would file a fresh offline application in the Form 10D.

4.

We dispose of this writ petition by directing that if petitioner file any such fresh application, respondent No.1 shall consider it and take a final decision on it within a period of four weeks from today.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk