IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2234 of 2006 PURANDER JHA S/o- Shri Parau Jha, aged about 52 years, resident of village-Satlakha, P.O + P.S. Rahika, District. Madhubani Versus 1. THE REG.P.F.COMMISSIONER, Regional Office, Employee Provident Fund Organization, R Block, Road no. 6, Patna. 2. Asstt. Provident Fund Commissioner, Sub- Regional office E.P.F., New Vakalatkhana Bhawan Court compound Muzaffarpur. 3. The Chairman/Managing Director, National Textile Corporation Ltd. A Government of India undertaking 7 Jawahar Lal Nehru Road, Kolkata & 700013. 4. The Divisional Manager, Retail Marketing Division, National Textile Corporation Limited S.P. Verma Road, Patna. ----------- 2 18.02.2010 Heard Mr. Dhruv Narayan Choudhary learned counsel appearing on behalf of the petitioner and Mr. R.S. Pradhan learned counsel appearing on behalf of the Provident Fund Organization. The petitioner who superannuated from the services of the National Textile Corporation with effect from 16.8.2004 had filed the writ petition challenging the fixation of his pension under the employee Pension Scheme 1995 framed under the employee Provident Fund and Miscellaneous provision Act 1952. The petitioner with reference to the provisions of the Scheme submits that he is entitled to a monthly pension of Rs. 1285/- but 2 the authorities of the provident fund have fixed the same at Rs. 766/- A counter affidavit has been field on behalf of the department and in which the details of the calculation has been set out and with reference to the relevant provisions of the scheme it is stated that the original pension as admissible to the petitioner was Rs. 977 but as the petitioner did not complete 58 years on the date of superannuation hence the said amount was reduced by 3% by application of the provisions of the scheme and it is that background the amount of pension has been fixed at Rs. 766 and it is correct. Having regard to the circumstances that the grievance has been noticed by the department and the fixation has been suitably explained in the counter affidavit nothing survives in the proceeding. The writ petition is disposed of. Bibhash (Jyoti Saran, J. )