IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1873 of 2005 AJAY KUMAR son of late Gauri Shankar Prasad, resident of Flat No. 152, Block No. 19, Rajendranagar, post office- Rajendranagar, District-Patna, at present retired Section Officer, Office of the Bihar State Agro Industries Development Corporation Limited, Patna. Versus 1. THE REG.COMM.NO.1,E.P.F.ORGANISATION, Bhavishya Nidhi Bhawan, R-Block, Road No. 6, Patna-01. 2. The Regional Provident Fund Commissioner (Pension), Bhavishya Nidhi Bhawan, R-Block, Road No.6, Patna-01. 3. The Assistant Provident Fund Commissioner, Bhavishya Nidhi Bhawan, R-Block Road No.6, Patna. 4. Bihar State Agro Industries Development Corporation Ltd. Sinha Library Road, through its Managing Director ----------- 5 29.01.2010 Heard Mr. Uma Kant Verma learned counsel appearing on behalf of the petitioner, Mr. R.S. Pradhan learned Senior Counsel for the Provident Fund Organization and learned counsel appearing on behalf of the Bihar State Agro Industries Development Corporation Limited, Patna. The petitioner who had superannuated from the services of the Corporation from the post of Section Officer with effect from 31.8.2001, has filed the writ petition seeking a direction to the respondent authorities of the Provident Fund Organization for payment of his provident fund and pension under the Employees Pension Scheme, 1995. Learned counsel appearing on behalf of 2 the Provident Fund submits that even after exercise of option, certain sum was required to be deposited in the pension account of the petitioner under the provisions of the scheme and for which fund was not available in the account of the petitioner and thus it could not be transmitted in the pension account of the petitioner and it is in this view of the matter that he is not entitled to pension. He however, submits that if the petitioner deposits an amount of Rs. 1,29,395/- being the principal amount plus interest calculated until 30.8.2006 with uptodate interest calculated up to the date of deposit in the pension fund under the scheme then the organization would not have any objection for payment of pension. Learned counsel appearing on behalf of the petitioner submits that the petitioner exercised his option as back as in the year 1996 when he was only required to remit an amount of Rs. 36,080/-. He is thus not required to deposit any further sum because the said amount has already been deducted by the Corporation for being deposited against the said pension fund. In that view of the matter it is submitted that the action taken by the 3 Provident Fund Department requiring him to deposit the aforesaid sum is unjust as he cannot be penalized for the laches of his employer. Learned counsel for the Corporation submits that as the Corporation has been going through acute financial crisis hence although the Provident Fund were deducted from the salary of the employees from Februay,1990 to November, 2001 but the same could not be deposited in the concerned account. One thing is clear that no fault lies with petitioner who has exercised his option for induction in the scheme and where upon even follow up action was taken by the Corporation in deducting the amounts from the salary of the petitioner but which never found way to the provident fund account of the petitioner. The petitioner thus cannot be allowed to suffer. Having regard to the circumstances set forth no fruitful purpose would be served in keeping the matter pending and the same is disposed of with liberty to the petitioner, if so advised, to set out his claim for payment of pension before the Regional Provident Fund Commissioner, Employees Provident Fund 4 Organization, Patna and who shall consider and decide the claim of the petitioner in the backdrop that there was no laches on the part of the petitioner in exercising option for entry into the scheme and in view of the position that admittedly the sum was deducted by the Corporation for being remitted against the said fund. The Regional Provident Fund Commissioner shall dispose of the matter in accordance with law within a period of three months from the date of receipt of such representation. This writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )