Rajasthan High Court - Jodhpur
Smt. Sheetal Soni vs Union Of India & Ors on 28 March, 2017
Bench: Gopal Krishan Vyas, G.R. Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 9171 / 2016
Smt. Sheetal Soni W/o Late Shri Sita Ram Soni, Aged About 50 Years,
R/o 549-brahampuri, Bhatiyo Ka Bass, Jodhpur
----Petitioner
Versus
1. Union of India Through Ministry of Labour and Employee Government
of India,, Head Office Bhavishya Nidhi Bhawan, 14-bhikaji Kama Place,
New Delhi-110066
2. The Commissioner, Employment Provident Fund Organization Ministry
of Labour and Employee Government of India,, Head Office Bhavishya
Nidhi Bhawan, 14-bhikaji Kama Place, New Delhi-110066
3. The Additional Provident Fund Organization Ministry of Labour and
Employee Government of India,, Head Office Bhavishya Nidhi Bhawan,
14-bhikaji Kama Place, New Delhi-110066
4. The Regional Provident Fund Organization Commissioner-II (pension)
Bhavishya Nidhi Bhawan,, Jaipur
5. The Assistant Provident Fund Commissioner (pension) Employee
Provident Fund Organization Regional/sub Regional Office,, Shanker
Nagar Near Chopasni Housing Board, Jodhpur
6. The State of Rajasthan Through Chief Secretary,, Secretariat, Jaipur
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. M.K. Trivedi
For Respondent(s) : Mr. Ankit Prakash Singh for Mr. Vipul Singhvi
& Mr. M.R. Pareek
_____________________________________________________
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON'BLE MR. JUSTICE G.R. MOOLCHANDANI Order 28/03/2017 In this writ petition, the petitioner has made the following prayer :-
"i). That by an appropriate writ, order or directions, the section 6 of Employee Provident Fund and Miscellaneous Provision Act, 1952 may kindly be ordered to be declared ultra vires.
(2 of 2) [CW-9171/2016]
ii) That by an appropriate writ, order or directions, the employee pension scheme 1995 may kindly be suitably amended or rather completely changed and such direction may kindly be given to the respondent.
iii) That by an appropriate writ, order or directions, the pension amount of the petitioner may kindly be given as per the similar to the provision of Family Pension of State and Central Government.
iv) That by an appropriate writ, order or directions, the representation of the petitioner dated 7-11- 2014(Annexure-7), the pension amount of petitioner may kindly be increase.
v) That by an appropriate writ, order or directions, the petitioner may kindly be awarded 12% interest p.a. interest from the respondent dated 7-11-2014(Annexure-7).
vi) That by an appropriate writ, order or directions, that the above writ petition of the petitioner may kindly be accepted and allowed with cost.
vii) That any other order as deemed just and proper may kindly be passed in favour of petitioner."
Admittedly, the petitioner is claiming medical assistance for ailment of cancer suffered to her being wife of employee working under the control of respondents so also for enhancement of pension but there is no provision in rules.
In view of the fact that this Court cannot legislate the law, in our opinion, in absence of any specific rules, no such directions can be given to the respondents to grant financial benefits for the treatment and to enhance the pension.
In view of the above, petitioner may file fresh representation before the respondents and respondents shall consider the prayer objectively and decided the representation within a period of two months from the date of filing representation.
With these directions, the petition is disposed of.
(G.R. MOOLCHANDANI)J. (GOPAL KRISHAN VYAS)J. Sanjaysolanki, pa