IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8630 of 2010 BIHAR STATE HYDROELECTRIC POWER CORPORATION THROUGH ITS MANAGING DIRECTOR, SONE BAWAN, VEERCHAND PATEL PATH, PATNA :-- PETITINER. Versus 1. THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF LABOUR, GOVERNMENT OF INDIA. 2. CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEE PROVIDENT FUND ORGANIZATION, NHAVISHYANIDHI BHAWAN, 14, BHIKAJI CAMA PLACAE, NE DELHI-66. 3. EMPLOYEE’S PROVIDENT FUND ORGANIZATION THROUGH PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE BHAVISYA NIDHI BHAWAN, R. BLOCK ROAD NO. 6, PATNA 800 001. 4. ASSISTANT PROVIDENT FUND COMMISSIONER BHAVISYA NIDHI BHAWAN, BIHAR :--- RESPONDENTS. ----------- For the petitioner : Mr. Naresh Dikshit, Advocate. For Respondent No.1 : Mrs. Kalpana (C.G.C.) For Respondent Nos.2,3 & 4 : Mr. R.S.Pradhan, Senior Advocate & Mr. Diharaj Kumar Roy, Advocate. ===== 02. 17.05.2010. Heard learned counsel for the petitioner-Bihar State Hydroelectric Power Corporation (hereinafter referred to as the “Corporation”), Union of India and the Employees’ Provident Fund Organization. 2. This writ application has been filed for a direction to the respondent-authorities to amend the Employees Pension Scheme, 1995 (hereinafter referred to as the “Scheme”) so as to enable the employees of the petitioner-Corporation to avail the benefit of the Scheme until they attain the age of 60 years. Such amendment in the Scheme can be made only after the provisions of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 is amended. The retirement age of the employees of the petitioner-Corporation having already been extended to 60 years, they can avail the benefit of the Scheme until they attain the age of retirement by virtue of paragraph-14 of the Scheme which entitle the employees to take the benefit of the scheme - 2 - until they attain the age of 58 years or avail the retiral benefit to which they are entitled. 3. As the petitioner will avail the retiral benefits at the age of 60 years they can remain the member of the Scheme by virtue of paragraph-14 until they receive the retiral benefits. Accordingly, their interest is protected in view of the orders of this Court dated 17.07.2007 passed in C.W.J.C.No. 10285 of 2006 and this writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)