Jambubati Nayak v. Central Provident Fund Commnr., New Delhi 14
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15039 of 2022 Jambubati Nayak ....
Petitioner Mr. S.K. Dash, Advocate -versusCentral Provident Fund Commissioner, New Delhi and others ....
Opposite Parties Mr. P.K. Parhi, ASGI Mr. Y.S.P. Babu, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
04.07.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the record.
3.
The present writ petition has been filed by the petitioner with the following prayers:
"Under the circumstances, the Petitioner most probably prays that this Hon'ble Court be graciously pleased to admit the writ petition, issue rule nisi calling upon the opposite parties to show cause as to why a writ of mandamus shall not be issued to the Opp.parties No.2 to 5 to settle the retirement benefits of the husband of the petitioner along with family pension of the petitioner within a stipulated time as this Hon'ble court deems fit and proper.
And if the Opposite Parties fail to show-cause or show insufficient cause, make the said Rule absolute. And/or pass any other order/orders, direction/directions as this Hon'ble Court may deem fit and proper in the ends of justice and equity;"
4.
It is submitted by learned counsel for the petitioner that although
// 2 // the petitioner has filed representation dated 15.03.2022 under Annexure-6 before the Opposite Party Nos.1 to 5, the same is still pending before the said Opposite parties and the said Opposite Parties have not taken any decision as of now.
5.
Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time and disburse the same.
6.
Considering the submissions made by the respective parties, the limited nature of grievance involved in the present writ petition, keeping in view the case of the petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the Regional Provident Fund Commissioner, Odisha, Bhubaneswar-Opposite Party Nos.2 to 5 to consider the representation of the petitioner dated 15.03.2022 under Annexure-6 in accordance with law within a period of four weeks from the date of production of certified copy of this order. It is further directed that the Opposite Party No.5 will supply the relevant papers and documents to the Opposite Party No.2, who shall take final decision within the stipulated time as aforesaid. It is needless to mention here that the representation of the petitioner shall be considered and disposed of by passing a speaking and reasoned order. Any decision so taken on the said representation shall be communicated to the petitioner within a period of two weeks thereafter. 7.
With the aforesaid observation/direction, the writ petition is disposed of.
Urgent certified copy of this order be granted on proper application.
Jagabandhu ( A.K. Mohapatra ) Judge
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