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Judgment
Hon. Shri Sujoy Paul, J.—In this writ petition, the petitioner No. 1, a widow prayed for grant of family pension with arrears after the death of her husband. Although it is admitted by Shri Vivek Jain, learned counsel for petitioners that husband of petitioner No. 1 has died while in service, a dispute arose because the Employees Provident Fund Organization wrote a letter dated 17/11/2008 (Annexure R/1) to the Superintending Engineer of respondent Company to inform whether the deceased employee died in harness and to further provide form 10D so that the entitlement of pension of widow can be decided. This Court by order dated 20/09/2011 directed Shri Vivek Jain, learned counsel for respondents No. 1 to 3 to furnish information whether the form 10D is filled up by the petitioner and in turn it is sent to Employees Provident Fund Organization. In response, the Electricity Board filed it''s affidavit in October, 2011 and it is stated that the family pension form 10D has not been submitted by the petitioner and therefore, an intimation was sent on 03/12/2008 to submit requisite form in the office, so that pension case can be forwarded to the Employees Provident Fund Organization. It is further stated that petitioner has not turned in the office of respondents till date to fill up the family pension form.
On various occasions none appeared for the petitioners. On 22/11/2011 and on 29/11/2011 also nobody appeared for the petitioners.
In this view of the matter in the aforesaid factual backdrop I deem it appropriate to dispose of this petition with the consent of the learned counsel appearing for respondents which reads as under:
The petitioner No. 1 shall fill up the requisite form 10D and submit it before the respondent No. 3.
In turn, the respondent No. 3 shall do the needful and forward the requisite pension paper/ case to respondent No. 4 Employees Provident Fund Organization, Gwalior, learned counsel for the respondent Board undertakes to sent the pension paper of the petitioner within 15 days from the date of submission of form 10D to Employees Provident Fund Organization.
In turn Employees Provident Fund Organization undertakes to process the pension case of the petitioner and decide her entitlement within 30 days, if petitioner is found entitled, she be given pension from the date of her entitlement with all benefits.
The petition stands allowed as per aforesaid consent. No costs. Certified copy as per rules.