JUDGMENT : Pursuant to the order dated-31.07.2009, the Regional Commissioner, Coal Mines Provident Fund Region II, Ranchi (Respondent No. 5) is physically present in Court today and counter affidavit has also been filed on his behalf. 2. Heard the parties. 3. Petitioner in this writ application has prayed for a direction upon the Respondent-C.C.L. to count the petitioner’s services since 01.02.1968 to 31.07.1973 for computing as qualifying service period for the purpose of payment of gratuity and also for a direction to pay him his Gratuity accordingly. A further prayer has also been made for a direction upon the Respondents to pay the arrears of pension as well as the current pension alongwith the statutory interest, on the basis of the fact that petitioner’s date of superannuation is 31.10.2004 but pension is not being paid to him. 4. Counter affidavit has been filed on behalf of the Respondent-C.C.L. 5. It is explained in the counter affidavit of the Respondent-employer that the petitioner is found eligible to the benefits of the C.M.P.F. Scheme for payment of pension and Gratuity and accordingly, contributions used to be made and together with the employer’s total contributions, the deposited amounts were forwarded to the office of the C.M.P.F. alongwith the covering letter (Annexure4) way back in the year 2002. The petitioner, having retired, the Respondent- C.M.P.F. had refunded the entire deposited amounts and upon such refund, the same was paid to the petitioner which he had accepted without any protest. 6. Learned counsel for the Respondent-C.M.P.F. explains that it appears from Annexure-4, which has been filed by the petitioner alongwith this writ application and from the submissions made by the learned counsel for the Respondent-employer, that the P.S. 1 Form purportedly submitted by the petitioner alongwith similar forms of other employees, was forwarded to the Respondent-C.M.P.F. alongwith covering letter (Annexure-4) way back in 2002 but it appears that the P.S1 Form of the petitioner was not available in the office of the Respondent-C.M.P.F. and as such, presuming that such P.S. 1 Form was not submitted by the petitioner, the total amount forwarded by the employer, was refunded and the same was thereafter paid to the petitioner. Learned counsel adds further that since as per the employer’s version, the petitioner opted for the C.M.P.F. Scheme and deductions from his salary towards contributions was made, the benefits can be restored to the petitioner, subject to the condition that petitioner should deposit the amount, which she had received together with the amount of interest, which is payable by him from the date when he had received the amount till the date of final deposit and thereafter, the Respondent-C.M.P.F. shall take necessary steps for assessing the pension payable to the petitioner and for release of such payments to him. 7. Considering the aforesaid submissions and the facts and circumstances of the case, the Respondent-C.M.P.F. is directed to make a reassessment of the specific amount to be deposited by the petitioner including interest at reasonable rate as per Rules and shall notify such amount to the petitioner effectively and within one month from the date of intimation , the petitioner shall deposit the notified amount to the appropriate authorities of the Respondents. In the meanwhile, the Respondent-C.C.L. shall supply a copy of the P.S. 1 Form to the petitioner, which may be available in the office records, to the concerned authorities of the C.M.P.F. The C.M.P.F. authorities within one month from the date of deposit of the amount by the petitioner, shall ensure that the pension amounts, including arrears alongwith statutory interest accrued upon the arrears, is released and paid to the petitioner without any further delay. 8. As far as the petitioner’s claim for payment of Gratuity, since the claim does not appear to have been specifically denied, the Respondent-employer shall ensure that the arrears of amounts towards Gratuity, if any, from 1968 to 1973 is assessed and paid to the petitioner together with statutory interest within one month from the date of this order. 9. With these observations, this writ application stands disposed of. 10. Let a copy of this order be given to the learned counsels for the Respondents-C.C.L. and the C.M.P.F. 11. The personal appearance of the Regional Commissioner, Coal Mines Provident Fund Region II, Ranchi (Respondent No. 5) is dispensed with.