IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3101 of 2006 KEDAR NATH GUPTA, SON OF LATE PUTU LAL GUPTA, AT PRESENT RESIDING AT MOHALLA- PUNAICHAK, PUMP HOUSE, P.S. S.K.PURI, P.O.- PUNAICHAK, DISTRICT- PATNA :---PETITIONER. Versus 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAWAN, R-BLOCK, ROAD NO. 6, PATNA. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION) EMPLOYEES PROVIDENT FUND ORGANIZATION BHAVISHYA NIDHI BHAWAN, R-BLOCK, ROAD NO. 6, PATNA :--RESPONDENTS. ----------- 3. 22.02.2011. Heard learned counsel for the petitioner and the counsel for the Regional Provident Fund Commissioner, Employees Provident Fund Organization, Patna. 2.Petitioner is a member of Employees’ Pension Scheme, 1995. He superannuated from service with effect from 31st March, 2002. By filing the present writ petition he is questioning the order dated 16.08.2002, Annexure-1, whereunder his monthly pension has been fixed at Rs. 292/-. It is submitted on behalf of the petitioner that his case is covered by Clause (4) of Paragraph-12 of the Employees’ Pension Scheme, 1995 and he is entitled to have minimum pension of Rs. 600/- per month. 3. Aforesaid submission is being refuted by the counsel for the Provident Fund Organization who submits that the case of the petitioner has to be considered in the light of the amendment made in the - 2 - Employees’ Pension Scheme, 1995 in the year 2007 in terms whereof the provisions of Clause (4) of Paragraph-12 of the Employees’ Pension Scheme, 1995 was amended. 4. Counsel for the petitioner in rejoinder submitted that the amendment in the Scheme cannot have retrospective application to the case of the petitioner as he superannuated in March, 2002 itself. 5. I see substance in the submission of the counsel for the petitioner and, accordingly, direct the authorities of the Provident Fund Organization to consider the case of the petitioner in terms of un- amended Clause (4) of Paragraph-12 of the Employees’ Pension Scheme, 1995 and grant him monthly pension of Rs. 600/- per month with effect from 1st April, 2002. It goes without saying that petitioner must be paid the arrears in terms of this order, as early as possible, in any case within a period of three months from the date of receipt of a copy of this order. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)