IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2112 of 2005 YOGENDRA MOCHI Versus THE REG.P.F.COMMISSIONER & ORS ----------- 04/ 11.01.2010 Heard Mr. Naresh Das, learned counsel for the petitioner and Mr. Rajiv Kumar Verma, learned senior counsel representing the Employees Provident Fund Organization. The petitioner who was in the service of the Bihar Co-operative Weavers and Spinning Mills, Mokama took voluntary retirement with effect from 16.2.1996 and had filed the writ petition for sanction and re-fixation of pension and release thereof under the provisions of the Employees Provident Fund and Miscellaneous Provisions, 1952. A counter affidavit was filed on behalf of the Regional Provident Fund Commissioner, Bihar, Patna on 27.1.2006 and in which it was stated that the application of the petitioner was processed fixing his monthly pension at Rs. 295/- per month with effect from17.2.1996. It is stated that subsequently the pension of the petitioner was re- fixed at Rs. 451/- per month with effect from 17.2.1996. It is further stated that as the petitioner opted for voluntary retirement before completing 58 years, hence the pension was calculated on the completed age of 53 years as per the provisions of para 12(7) of the Employees Pension 2 Scheme, 1995 and his pension was reduced to 3 %. It was submitted that the pension of the petitioner has been correctly fixed in accordance with the provisions of the Scheme. Having regard to the circumstances set forth in the counter affidavit, the writ petition is disposed of as having become infructuous. In case, the petitioner is aggrieved by the re- fixation of his pension, he can raise his grievance before the Regional Provident Fund Commissioner, who shall consider the same and pass appropriate orders in accordance with law. S.Sb/- (Jyoti Saran, J.)