IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.307 of 2007 MADAN MOHAN ACHARYA Versus THE REG.P.F.COMMISSIONER & ANR ----------- 03/ 24-02-2010 Mr. Dhruv Narayan Choudhary for the petitioner and Mr. S.K. Sharma, learned counsel representing the Employees Provident Fund Organization are present. The petitioner who retired from the services of the Newspaper and Publication Limited, Mazharul Haque Path, Frazer Road, Patna filed the writ petition for re-fixation of his pension under the provisions of Employees Pension Scheme, 1995 having superannuated with effect from 4.1.2004. According to the petitioner although he was entitled to a monthly pension of Rs. 1,300/- per month but the respondents by misreading the provisions of the Scheme had fixed the same at Rs. 820/-. On this count the respondents were directed to seek instruction and file counter affidavit and which has since been filed during the course of proceedings today. A detailed calculation has been set out in the counter affidavit showing computation of pension and through which it has been demonstrated that the pension of the petitioner was correctly fixed at Rs. 820/- per month and the same required no revision. As the petitioner disputes the calculations, the writ petition is disposed of with a liberty to the petitioner to - 2 - demonstrate before the respondent no. 1. i.e. the Regional Provident Fund Commissioner that there is some mistake in the calculation and fixation of pension together with supportive details and which shall be considered and disposed of in according with law within a period of three months from the date of the receipt of the representation. S.Sb/- (Jyoti Saran, J.)