Md. Ayub v. The Regional Provident Fund Commissioner And ORS.

13.02.2025 Sl. No.: 11 Court No.30 BM WPA 340 of 2025 Md. Ayub Vs.

The Regional P. F. Commissioner & Ors.

Mr. Bikash Shaw Mr. Sk. Saad Nafised Sehar ... for the petitioner Ms. Amrita Pandey Mr. Ghanshyam Pandey ... for the private respondent nos.3 & 4 Mr. Shiv Chandra Prasad ... for the P.F. Authorities 1.

The present writ application has been preferred praying for monthly pension to which the petitioner herein claims to be entitled to.

2.

The respondent nos.3 & 4 Company have placed relevant documents. A letter sent to the Regional Provident Fund Commissioner on 14.01.2025 states as follows :- "i) Today, we are going to submit the Form 4, 5, 7 & 8 of Mr. Shankar Sahu bearing Pension A/c: WB/375/P/3981.

ii) The family member of late Jitendra Kumar Rabidas bearing Pension A/c:

WB/375/P/9194 never visited our office to file Widow Pension Claim & EDLI claim. After receiving your letter, we are trying our best to contact with the late member's family but we are unable to do so. Still we are trying to contact with the deceased's family.

iii) Mr. Md. Ayub bearing Pension A/C No.:

WB/375/P/3311 is an ex-employee of our concern and we submitted him Form 4, 5, 7 & 8 on 19.02.2021, Xerox copy enclosed herewith for your ready reference. When we tried to submit his on-line Form 10(D), we have come to know that his UAN has been tagged with another company created by his son after his retirement from our company. Due to this, we are unable to submit his claim so far. To solve the problem we visited your good office with Mr. Md. Ayub and the concerned person advised us that it is not possible for us to submit his on-line claim and it is the later company who can submit the same on on-line."

3.

It appears that there is some discrepancy in the document required to be submitted for claiming pension and difficulty has been faced by the authority while processing the claim of the petitioner.

4.

Accordingly, the writ application is disposed of with the direction that the petitioner shall make an application before the appropriate authority within 15 days from the date of this order with his claim along with supporting documents.

5.

The appropriate authority shall consider the same in accordance with law and dispose it preferably within ninety days thereafter.

6.

Writ petition stands disposed of.

7.

Pending applications stand disposed of.

8.

Interim order, if any, stands vacated.

9.

Urgent Xerox certified copies of this order, if applied for, shall be supplied to the learned counsel for the parties as expeditiously as possible, in compliance of usual formalities.

( Shampa Dutt (Paul), J. )