K. Jagga Rao Vs Union of India

“It is therefore, prayed that this Hon’ble Court may be graciously pleased to issue writ/writs, order/orders and direction/directions under Article-226 of the Constitution of India and more particularly to issue:-

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1. Writ of Mandamus directing the Opposite Parties to process the Joint Option Forms preferred by the petitioner under annexure-5

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Page 1 of 3.

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series and pay the enhancement of pension in the light of judgment/order dated 4.11.2022 of Hon’ble Supreme Court in SLP© No.86588659 of 2019 under annexure-4 & pay the arrear amounts forthwith by implementing the instruction of Central Provident Fund Commissioner under annexure-6 without further delay.

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2. Direction directing the opposite parties to consider the representation under annexure-8 within stipulated period in the light of judgment/order under annexure-4, 9 & 9 series.

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3. Direction directing the opposite parties to pay the arrear amount to the petitioner for inordinate delay along with 18% interest per annum on the arrear pension from the date of retirement to till the actual payment.

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4. Pass such other order/orders as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.”

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It is submitted by learned counsel for the Petitioner that although the Petitioner has filed representation dated 23.01.2025 before the Opposite Party No.4-Assistant Commissioner Employees Provident Fund Organization, Regional Office, Berhampur under Annexure-8, but the same is still pending before the said Opposite Party and the said Opposite Party has not taken any decision as of now.

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Learned Central Government Counsel appearing for the Union of India-Opposite Party No.1 submits that he has no objection, if a direction is given to the authority concerned to consider the representation of the Petitioner in accordance with

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Page 2 of 3.

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law within a stipulated period of time.

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Considering the submissions made by the respective parties and without expressing any opinion on the merits of the case, this Court disposes of the writ petition at the stage of admission with a direction to the Opposite Party No.4-Assistant Commissioner Employees Provident Fund Organization, Regional Office, Berhampur to consider the representation dated 23.01.2025 of the Petitioner under Annexure-8 in accordance with law within a period of eight weeks from the date of production of a certified copy of this order. 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 ten days thereafter.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra )

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Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 03-Apr-2025 19:43:28