EPFO MISGUIDING THE HIGH COURTS AND SUPREME COURT AGAINST PRE 01 09 14 RETIREES ko

This is from the pen of G.Narayana Gupta, a senior EPS 95 pension analyst from Telangana.

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*EPFO MISGUIDING THE HIGH COURTS AND SUPREME COURT AGAINST PRE 01 09 14 RETIREES

*CLARIFICATION TO PARA 44 (V) OF THE SUPREME COURT JUDGEMENT DATED 04 11 22*

*PART IV*
*AN ANALYSIS BY*
*G NARAYANA*
*M.Com, PGDPA, PGDPR, DCA.*

*BRIEF CLIPPINGS OF SUNIL KUMAR B JUDGEMENT OF SUPREME COURT.*

The following are some of the contents of Sunil Kumar B judgement of 04 11 22 and explanation in brief.

Please read para no 2 of 04/11/22 judgement which clearly says the purpose of the judgement.

*PARA 2 OF THE 04 11 22 JUDGEMENT.*

*In this judgement we shall deal with the legality of certain amendments and modifications made by the central government to the employees pension scheme 1995.*

The above para clearly states that the judgement is regarding amendment which is purely applicable to post 01 09 14 retirees but not for pre 01 09 14 retirees.

*If the 04 11 22 judgement is for reviewing the RC Gupta judgement the bench should have mentioned that the 04 11 22 judgement is for reviewing the RC Gupta judgement but it clearly said “In this judgement we shall deal with the legality of certain provisions and modifications made by Central government to the pension scheme 1995*

*PARA 41 OF THE 04 11 22 JUDGEMENT.*

*As per para 41 of 04/11/22 judgement the following are the key clarifications in favour of pre 01 09 14 retirees.*

*In the RC Gupta (supra) it has been specifically held that there was no cut off date in proviso to para 11 3 as it stood before 2014 amendment.*

*In our opinion the interpretation given to provision to paragraph 11 3 prior to 2014 amendment does not require any reconsideration.*

*We agree with the reasoning of the two judge bench of this court on this point as expressed in the said judgement.*

*As there was no cut off date to be contemplated prior to 2014 amendment limiting the entitlement of enhanced pension coverage to those employees only who had already exercised an option under clause 11 3 of the un amended scheme would be contrary to the ratio of the decision of this court held in the case of RC Gupta (supra).*

*We are not holding that no option was required to be exercised as per proviso to paragraph 11 3 of the scheme as it stood prior to Amendment.*

The para 44 v is not a para. It is only sub para of 44 i which explained the very purpose of the judgement.

*PARA 44*
*We accordingly hold and direct:-*

PARA 44 I
*The provisions contained in the notification number GSR 609 (E) dated 22 08 14 are legal and valid.*

*Sofar as present members of the fund are concerned we have read down certain provisions of the scheme as applicable in their cases and we shall give our findings and directions on these provisions in the subsequent SUB- PARAGRAPS.*

*PARA 44 V.*

If someone has to understand the para 44 v one has to read para 38 1 to 4 of kerala High court judgement, para 19 1 to 4 of 04 11 22 judgement, para 44 iii to vi of 04 11 22 judgement.

All the paras are same pertaining to post 01 09 14 retirees coming from Kerala High court judgement. The following are 4 categories of retirees with in the post 01 09 14 retirees category which has impact on the Amendment to pension scheme 1995.

1) The members who exercised option under para 11 3 and continued in service on 01 09 14.

2) The members who did not excercise option under para 11 3 and continued in service on 01 09 14.

3) The members who have to be retired on or after 01 09 14 but retired prior to 01 09 14 without exercising option under para 11 3.

4) The members who have to be retired on or after 01 09 14 but retired prior to 01 09 14 after excecising the option under para 11 3.

These are the 4 sub categories of retirees in the post 01 09 14 retirees category who have impact on the Amendment.

The normal retirees prior to 01 09 14 do not have any impact on the Amendment to pension scheme.

*The members at serial number 1 and 2 are normal post 01 09 14 retiree who draw normal EPS pension called normal EPS pensioners as per para 12 1 a of EPS PENSION SCHEME 95. And also called NORMAL EPS PENSIONERS.*

*The members at serial number 3 and 4 are expected to be retired on or after 01 09 14, but due to various reasons they retired prior to 01 09 14 and draw only reduced EPS pension called early pensioners as per para 12 1 b.*

*Hence the para 44 v and vi are not for pre 01 09 14 retirees but it is for post 01 09 14 retirees category of early pensioners.*

*The para 44 v is mis interpreted by EPFO as it is for pre 01 09 14 retirees which is not correct.*

The EPFO is mis interpreting the para 44 v just like he mis interpreted exempted trust members are not eligible for higher EPS pension as per circular dated 31 05 17 which has been sticked down by the 04 11 22 judgement.

*WATCH FOR CLARIFICATION TO PARA 44 V. PART V.*

Thank you.

G Narayana.

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