IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2124 of 2006 BAL MUKUND SINGH YADAV, aged about 55 years, son of Late Harihar Singh, resident of village Afzalpur, P.O.Alinagar Pali, P.S.Pali (Kako), District Jehanabad----------------------------petitioner Versus 1.The Regional Provident Fund Commissioner, Regional Office, Employees Provident Fund Organisation, “R” Block, Road No.6, Patna 2.The Chairman/Managing Director, National Textile Corporation Ltd., A Govt. of India undertaking, 7, Jawahar Lal Nehru Road, Kokkata-700013 3.The Divisional Manager, Retail Marketing Division, National Textile Corporation Ltd., S.P.Verma Road, Patna---------------------------------------respondents ----------- 3. 23.2.2010 Heard the parties. The petitioner, who superannuated from the services of National Textile Corporation Ltd., has prayed for refixation of pension under the provisions of the Employees Pension Scheme, 1995 framed under the provisions of the Employees Provident Fund and Miscellaneous provisions Act, 1952. According to the petitioner although he was entitled to a pension of Rs. 1401 per month but the respondent authorities of the Employees Provident Fund Organisation by misapplication and misreading the provisions of the scheme have fixed his monthly pension at Rs. 715/- per month. A counter affidavit was filed on behalf of the respondent Regional Provident Fund Commissioner and by enclosing pension payment order dated 28.3.2006 it was stated that the monthly pension of the petitioner had since been revised and 2 refixed at Rs. 865/- per month w.e.f. 17.12.2003. It was stated that as a consequence thereof the petitioner has been provided with arrears of pension to the tune of Rs. 10,174/-. It was thus submitted that the grievance of the petitioner has been redressed. On the last occasion when the matter was taken up the petitioner complained that although the pension had been refixed and enhanced to Rs. 865/- per month but subsequently w.e.f. January, 2009 it has again been brought down to Rs. 715/- per month. Pursuant to the time granted by this Court the petitioner has filed a rejoinder enclosing the copy of the pass book which shows that although the petitioner was provided with the revised pension for some period at the rate of Rs. 865/- per month but w.e.f. January, 2009 the same has been lowered down to Rs.715/- per month which is the pension at the pre-revised stage. Learned counsel for the petitioner submits that this act of the respondent authorities without any notice or hearing is per se arbitrary and unsustainable in law. He submits that though the petitioner was entitled to even a much higher amount but even the revised amount which is lower than the amount estimated by the petitioner has since been 3 withdrawn by the authorities and that also without hearing him. Having regard to the nature of the grievance set out by the petitioner this Court thinks it appropriate to dispose of the writ petition with a liberty to the petitioner to raise his claim before the Regional Provident Fund Commissioner, Bihar, Patna, who shall consider the grievance of the petitioner and pass a fresh order within a period of three months from the date of receipt of a copy of the representation. Spal/ (Jyoti Saran,J.)