IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2382 of 2006 NAG NARAYAN PRASAD s/o- Late Cahit Rawat, resident of village-Sendurkha, P.O. Sohilahi, P.S. Basantpur, District -Siwan. Versus 1. THE CHAIRMAN,BHARAT WAGON and Engineering Company Ltd., A government of India undertaking, 26 Raja Ram Santosh Road, Kolkata-700027. 2. General Manger (Finance) Bharat Wagon and Engineering Company limited, “C” Block 5th Floor, Maurya Lok Complex, Patna. 3. The General Manager, Bharat Wagon and Engineering Company Ltd. Mokama Unit, P.S. Mokama, Patna. 4. The Regional Provident fund commissioner, Regional Office Employees Provident Fund Organization, “R” Block Road no. 6, Patna. 5. The Assistant Provident Fund Commissioner, sub- Regional Office, Employees Provident Fund Organization, Muzaffarpur ----------- 2 24.02.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the Provident Fund Organization. The petitioner who superannuated from the services of the Bharat Wagon and Engineering company Ltd. with effect from 1.11.2002 has filed the writ petition for refixation of his pension under the provisions of the Employees Pension Scheme, 1995. According to the petitioner although he is entitled to a monthly pension of Rs. 1080/- per month, the respondents by misapplication of the provisions of the Scheme have fixed the 2 same at Rs. 794/- per month and thus he is drawing lesser pension. No counter affidavit has been filed on behalf of the Organization. In that view of the matter, the writ petition is disposed of with the liberty to the petitioner to raise his claim before the respondent No.4, the Regional Provident Fund Commissioner together with supportive details and who shall consider and pass appropriate orders within a period of three months from date of receipt of such representation. The writ petition is disposed of. Bibhash (Jyoti Saran, J. )