IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5180 of 2005 BANGALI DAS Versus THE REG.P.F.COMMISSIONER & ORS ----------- 3 22.01.2010 No one appears for the petitioner. Learned counsel representing the Regional Provident Fund Commissioner, Bihar, Patna is present. The petitioner who superannuated from the post of Weightman on 16.3.1996 from the Bihar Co-operative Weavers Spinning Mill Mokama, Patna had file the writ petition for refixation of his pension following the provisions of the Employees Pension Scheme 1995 and for payment of the arrears arisen therefrom. A counter affidavit has been filed on behalf of the Regional Provident Fund Commissioner and in paragraph 7 it was stated that the pension fixation of the petitioner has been correctly fixed in the light of the provisions provided under paragraph 12 (5) (b) of the Employees Provident Fund Scheme, 1995 and that the petitioner was not entitled to enjoy benefit as contained under para 12(5)(a) of the Scheme. It is thus stated that the 2 pension fixation order is correct and that the petitioner is being paid his pension regularly. The counter affidavit was filed by the respondent, a copy of the counter affidavit was received by the learned counsel for the petitioner on 10.8.2005 but no rejoinder controverting the statement was filed on behalf of the petitioner. However, since no body appears to press this writ petitioner, the same is dismissed for non prosecution. Bibhash (Jyoti Saran, J. )