ADWAIT PRASAD SAHOO Vs. REGIONAL PROVIDENT FUND

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE grievance of the petitioner in the present writ petition is that though he has retired from service while serving as a Conductor under Orissa State Road Transport Corporation with effect from 31st January, 1999 but he has been granted pension with effect from 20th October, 2005 instead from the date following his date of retirement. The petitioner, therefore, being aggrieved by the inaction of the opposite parties in not paying the pension for the period from 1st February, 1999 till 19.10.2005 has approached this Court in the present writ petition. A counter has been filed by the Regional Provident Fund Commissioner stating that since the petitioner did not attain the age of 58 years on the date when he was made to retire under Section 12(7) of the Employees' Pension Scheme, 1995, he will be entitled to reduced pension to the extent of 3% for every year by which his age falls short of 58 years.

(3.) CONSIDERING the submissions made, I find that there is no impediment either under the Scheme or the law governing the field for payment of pension to the petitioner for the period following the date of his retirement till 19th October, 2005, though at a reduced rate as is being paid to him currently.