SHAMSHAD Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) IN this writ petition, the petitioner challenges an order, dated 15.10.2007 passed by the respondent Regional Provident Fund Commissioner-II, Vellore. By the impugned order, the petitioner was informed that her petition cannot be entertained under Para 7 of the Employees Family Pension Scheme, 1971, since the subscriber employee, i.e., the husband of the petitioner late Salam was neither alive nor in employment. The act also contemplates hearing of an employee as a legal requirement for taking decision under Para 7.

(2.) IN the writ petition notice was ordered to the respondent. Subsequently, it was admitted on 30.10.2009. Accordingly, Ms.V.J.Latha, learned counsel appearing for the respondent. But no counter affidavit was filed.

(3.) THE petitioner's husband died on 4.3.1991 and as per para 29 of the Scheme, she is entitled to get pension. Since the petitioner was not paid pension under the Employees' Family Pension Scheme, 1971, she made an application to the respondent to decide her eligibility under the Scheme. THE respondent relying upon para 7 which provides for resolution of doubts under 1971 Scheme (which is now paragraph 8 under 1995 Scheme) had refused to decide the issue. Para 7 reads as follows: