IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8857 of 2002 RAM KRIPAL G. YADAV, Son of Late Ganpat Yadav, resident of Village Pahricha, P.O. Serhera Hatta, P.S. Chand, District- Kaimur (Bhabua). . . . . . . Petitioner. Versus 1. COMMISSIONER, EMPLOYEES PROVIDENT Fund, Regional Office, Patna, Bihar. 2. Assistant Provident Fund Commissioner (Pension), Employees Provident Fund, Regional Office, Patna. . . . . . . Respondents. ----------- 4/ 06.01.2010 No one appeared on behalf of the petitioner previous day i.e. 05.01.2010. Today also no one appears on behalf of the petitioner. In the instant writ application, petitioner has prayed for direction to the respondents to redetermine his pension in view of the Employees Pension Scheme, 1995 framed under Section 6 A of the Employees Provident Funds & Miscellaneous Provisions Act, 1952, if necessary by modifying the P.P.O. No. BR / PAT / 6267 communicated to the petitioner vide letter no. 823 dated 15.01.2002 issued by respondent no.2. The petitioner states that he joined M/s Champion Seals and Packing (Pvt.) Ltd., Parsi Panchayat Road, Andheri (E), Mumbai, as a workman. His date of birth is in the year 1938 and he retired from service on 31.12.1998. He was drawing the Employees Provident Fund Scheme on 01.09.1974. The Employees Pension Scheme, 1995 came into force from 16.11.1995. The petitioner states that in terms of Clause 3 of the Employees Pension Scheme, the contribution representing 8.33 per cent of the pay of the petitioner was being deposited. The petitioner after superannuation on 31.12.1998, submitted application for settlement of E.P.F. and pension. The petitioner in paragraph 12 of the petition stated that he rendered more - 2 - than 20 years of service and retired after attaining the age of 58 years. He states that his pension has wrongly been fixed at Rs. 5,00/-. A counter affidavit has been filed on behalf of the respondents. In paragraph 6 it has been stated that petitioner has not come with clean hands and without mentioning the date of birth, he has mentioned only year of birth in order to get benefit of service till 31 December of that year. It is further stated that at the time of commencement of Employees Pension Scheme on 16.11.1995, petitioner was 57 years of age. In paragraph 10 it has been stated that the petitioner ceased to be a member of the Employees Pension Scheme on 31.08.1996, after attaining the age of 58 years. The wages of the petitioner on 31.08.1996 was Rs. 3113/-. The monthly pension of the petitioner, as such has been rightly fixed at Rs. 500/- in connection with Employee Pension Scheme, 1995. In view of the aforesaid facts, the pension of the petitioner has been rightly fixed under Clause 12(5)(a) of the Employee Pension Scheme, 1995, as such there is no merit in this application and is, accordingly, dismissed. Uday/ (Samarendra Pratap Singh, J.)