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