IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3602 of 2006 RAM KHELARI ROY Versus THE UNION OF INDIA & ANR ----------- 2. 3.5.2010. Mr. Sanjay Kumar Sinha for the petitioner, and Mr. J.P.Verma representing the Regional Provident Fund Commissioner are present. The petitioner superannuated from service on 11.2.2000 from the Bata India Ltd. The grievance raised in the writ petition is regarding the fixation of lower pension by mis-applicaion of the provisions of Employees Pension Scheme 1995. It is contended that acting on the representation filed by the petitioner for fixation of pension @ Rs.830 per month, the respondents authorities upon re-examination of the matter, have fixed the pension on even a lower rate at Rs.596/ per month. Copy of the order passed by the authority is placed at Annexure-E to the counter affidavit. Learned counsel for the petitioner submits that the respondents, in purported disposal of the representation and the claim raised by the petitioner, has mis-applied the provision and which has resulted in the fixation of the pension of the petitioner at a lower rate. He submits that in view of the judicial pronouncement of this court on the issue, the petitioner is entitled to 2 a minimum pension of Rs.600/- per month and before passing the impugned order, the respondents ought to have heard the petitioner in the matter. Having heard the submissions aforesaid, the writ petition is disposed of with a liberty to the petitioner to raise his claim before the Regional Provident Fund Commissioner together with the judicial pronouncement on the issue and who shall consider the same and pass appropriate reasoned order in accordance with law within a period of three months from the date of receipt/production of a copy of this order. ahk (Jyoti Saran, J.)