IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1928 of 2006 RAJ DEO SON OF LATE JHARI YADAV, RESIDENT OF VILLAGE PARANPUR, P.O. SHERGHATI, P.S. AMASH, DISTT. GAYA. Versus 1. THE REG.P.F.COMMISSIONER , REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION, R. BLOCK, R. NO.6, PATNA. 2. THE CHAIRMAN, NATIONAL TEXTILE CORPORATION LIMITED, A GOVERNMENT OF INDIA UNDERTAKING, 7 JAWAHARLAL NEHRU ROAD, KOLKATA 700013. 3. THE GENERAL MANAGER, GAYA COTTON AND JUTE MILLS, GAYA. ----------- 2/ 11.02.2010 Heard Mr. Naresh Dass, learned counsel for the petitioner and Mr. R.B.Verma, learned counsel representing for the Regional Provident Fund Commissioner. The petitioner, who retired under the voluntary retirement scheme from his service on 15.01.1999 while working in the Gaya Cotton and Jute Mills , Gaya, has questioned the fixation of his pension by the respondent- authorities under the Employees Pension Scheme, 1995. Learned counsel for the petitioner submits that whereas according to the petitioner he was entitled to a pension of Rs.988/- per month and in no event less than Rs. 958/- per month but vide pension payment order no. 6124 he has been granted pension @ Rs.565/- per month and thus, according to the petitioner, he is withdrawing lesser amount of pension as what he has to receive. Although the matter has remained pending since - 2 - 2006 but no counter affidavit has been filed on behalf of the respondent-authorities. In that view of the matter, no useful purpose would be served in keeping the writ petition pending and as such this writ petition is disposed of with a liberty to the petitioner to raise his claim regarding higher pension before respondent no.1 which shall be considered and disposed of in accordance with law within a period of three months from the date of receipt/production of a copy of this order along with the representation, if filed by the petitioner. ( Jyoti Saran, J ) BTiwary/