IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3473 of 2006 SMT.DAYA PYARI Versus THE STATE OF BIHAR & ORS ----------- 02/ 23.04.2010 Mr. Hare Ram Sah, learned counsel for the petitioner and Mr. Ram Shankar Pradhan, learned senior counsel representing the Regional Provident Fund Commissioner and Mr. Sanjay Kumar, assisting counsel to A.A.G. 10 for the State are present. The writ petition raises an issue of payment of pension under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Employees Pension Scheme framed there under. The petitioner was employed as an assistant teacher in Kishore Dal Primary School which is governed by a Board of Trustees i.e. under a private management. He submits that though the petitioner continued in the said school from 19.01.1970 until superannuation on 30.6.2001 and that the deductions from his salary for grant of pension under the provisions of the Employees Pension Scheme was made with effect from March, 1986 but even after the superannuation on 30.06.2001 the claim for pension has not been entertained by the Assistant Provident Fund Commissioner on grounds that the deduction is for less than 10 years of service. Learned counsel for the petitioner submits that he has substantive proof to show that deductions were made for the period - 2 - over 10 years which entitled him for grant of pension under the relevant pension scheme framed under the Act and thus it entitles him for grant of pension. Having regard to the submissions, I am of the opinion that the writ petition can be disposed of with a liberty to the petitioner to raise his grievance before the Regional Provident Fund Commissioner, Bihar, Patna with supportive documents and the relevant materials in support of his claim for pension enclosing the documents showing the deductions from the year 1986 until his superannuation on 30.06.2001 and which grievance of the petitioner shall be examined in the backdrop of the provisions of the Scheme, by the Regional Provident Fund Commissioner, Bihar, Patna and disposed of in accordance with law. Needless to add that if the petitioner has unjustly been denied his claim for family pension, the Regional Provident Fund Commissioner shall take all possible and effective steps for redressal of the grievance of the petitioner. The writ petition is disposed of with the directions aforesaid. S.Sb/- (Jyoti Saran, J.)