IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2013 of 2006 HARINANDAN PRASAD SON OF LAKH NARAYAN RAM, RESIDENT OF VILLAGE MOSIMPUR KURTHA, P.O. AND P.S. FATUHA, DISTT. PATNA. Versus 1.THE REG.P.F.COMMISSIONER , REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION, R. BLOCKK, R. NO. 6, PATNA. 2. THE CHAIRMAN, BHARAT WAGON AND ENGINEERING COMPANY LIMITED, A GOVERNMENT OF INDIA UNDERTAKING, 26 RAJA RAM SANTOSH ROAD, KOLKATA 700027. 3. GENERAL MANAGER ( FINANCE) BHARAT WAGON AND ENGINEERING COMPANY LIMITED, “c” BLOCK, 5TH FLOOR, MAURYA LOK COMPLEX, PATNA. 4. GENERAL MANAGER, BHARAT WAGON AND ENGINEERING COMPANY LIMITED, MOKAMA UNIT, P.S. MOKAMA, DIST. PATNA. ----------- For petitioner : Mr. Naresh Das, Adv. For R.P.F.C. : Mr. R. S. Pradhan, Sr. Adv. ------- 2/ 11.02.2010 Heard Mr. Naresh Dass, learned counsel for the petitioner and Mr. R.S. Pradhan, learned counsel representing for the Regional Provident Fund Commissioner. The petitioner, who voluntarily retired under the voluntary retirement scheme from his service on 31.05.2003 while working in the Bharat Wagon and Engineering Company Limited, Mokama, has questioned the fixation of his pension by the respondent-authorities under the Employees Pension Scheme, 1995. Learned counsel for the petitioner submits that whereas according to the petitioner he was entitled to a pension of Rs.1191/- per month but vide pension payment - 2 - order no. BR/PAT/14767 he has been granted pension @ Rs.868/- per month and thus, according to the petitioner, he is withdrawing lesser amount of pension than what he is lawfully entitled. Although the matter has remained pending since 2006 but no counter affidavit has been filed on behalf of the respondent-authorities. In that view of the matter, no useful purpose would be served in keeping the writ petition pending and as such this writ petition is disposed of with a liberty to the petitioner to raise his claim regarding higher pension before respondent no.1 which shall be considered and disposed of in accordance with law within a period of three months from the date of receipt/production of a copy of this order along with the representation, if filed by the petitioner. ( Jyoti Saran, J ) BTiwary/