IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2799 of 2005 SAHDEO KRISHNA DAS son of Late Daya Nand Das, resident of Nehru Nagar, Patliputra Colony, P.S.Patliputra, District-Patna.—Petitioner. Versus 1. The Commissioner, Regional Provident Fund, Bihar, Patna. Respondent. ----------- 3. 8.1.2010. Mr. Rajendra Kumar Jain and Mr. R.S. Pradhan, learned Senior Counsel for the respondent are present. The petitioner had filed this writ petition for payment of his pension in terms of the scheme framed under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. It is the case of the petitioner that having retired from the services of the Bihar State Small Industries Corporation w.e.f.1.2.2000, he was entitled to draw pension in addition to his other benefits and which was to be paid by the Employees Provident Fund Organization but it was not paid. A counter affidavit has been filed on behalf of the respondent authorities of the Employees Provident Fund Organisation and in which it has been categorically stated that from the record available in the office, it has come to 2 notice that the petitioner was neither a member of the Family Pension scheme, 1971 nor he had opted to join as member of Employees Pension Scheme 1995. Thus, there was no question of paying pension to the petitioner under the said scheme. It was then submitted that if the petitioner was ready to deposit Rs.70,780 which was the due amount calculated until 31.10.2005, in the account no.X of the Employees Provident Fund in Form-10-D duly completed, then he would become entitled to withdraw the pension from the Organization. A rejoinder to the said counter affidavit has been filed by the petitioner admitting that he was not a member of the 1971 scheme nor of the 1995 scheme. Learned counsel for the petitioner submits that the petitioner is prepared to deposit the amount as per the stipulations made in the scheme together with interest stipulated therein but he requires some time to deposit the same as having retired his financial position is not as sound hence some time may be given to him so that he could deposit the same. Mr. R.S.Pradhan, learned Senior Counsel representing the Organization has no objection to 3 the same but submits that in that event the interest amount would go on rising and would be calculated up to the date on which the amount is deposited by the petitioner. It is submitted that if the petitioner deposits the principal amount with up to date interest as calculated by the organization, he would become eligible to draw pension. Having regard to the rival submissions of the parties and the fact that the petitioner is a retired employee, he is granted three months time to deposit the amount calculated by the organization and submit the same in the prescribed format and whereupon the concerned authorities of the Employees Provident Fund organization will issue necessary orders for payment of the pension to the petitioner. It is made clear that upon deposit of the amount by the petitioner with interest, he would be entitled to the benefits arising from the scheme in accordance with law. Needless to add that no sooner the petitioner completes the formalities, the respondent would complete the process expeditiously and not later than four weeks from 4 the date of deposit of the amount. The writ petition is disposed of with the direction aforesaid. ahk (Jyoti Saran,J.)