Eps 95 pension cases will be taken up immediately soon after Miscellaneous matters
Respected members, many types of information related to pension are being posted in all the groups. You would think that after all, what is the status of the pension case of EPS 95 pensioners, the Supreme Court has rejected the Kerala case and has accepted the decision given in favor of the employees, then where is the problem?
Let us understand this whole episode in simple words, first thing is that we get a pension under the Employees Pension Scheme which is different from the family pension received by government employees, (Family Pension is equal to 50% of the last salary of the employee. And they do not get PF so there is no comparison between the two.
Eps 95 pension cases relating to pension
Pension cases pending in the Supreme Court related to the Employees Pension Scheme, pension cases pending in the Supreme Court can be divided into four parts:- The application for review has been submitted to EPFO.
SLP (Special Leave Petition-Here Leave means Permission) against Contempt of Court Petition and EPFO Advisory dated 31-5-2017 filed by Government of India, more than 40 files filed by retirees of various entities Writs or Petitions (Our writs are also in this category) Now let’s understand these four in a little more detail (without going into legal details) Review and SLP filed by EPFO and Govt.
It happened that a notification was issued by the government on 22nd August 2014, whose number was GS R 609(E).
This notification came into effect on 1st September 2014. Through this, some changes were made in the EPS 95 scheme, such as the salary limit of contribution was increased from 6500 to 15000 per month, those employees who will be newly recruited, if they are getting more than 15000 salaries, then they will not get the membership of the pension scheme, prescribed Instead of salary limit 15000, the option of taking increased pension by making a contribution on the actual salary was abolished, for calculation of pension, fixation of salary instead of 12 months salary as the average of 60 months salary, etc. Against this notification, the employees of Kerala went to the Kerala High Court.
Supreme court Judgement 2021?
The Single Bench of the High Court canceled this notification, against which the EPFO and the Government appealed in the Double Bench, but the appeal was rejected, then these people filed the SLP in the Supreme Court, in which the SLP of the EPFO was rejected.
Against he has filed a review, while the SLP of the government is yet to be heard. The Court has tagged this review and the SLP together and both are to be heard together.
Now we have come to know that EPS 95 pensioners have no special meaning in this matter. As far as the contention is concerned, some employees were first given increased pension but later closed or recovered. Even EPS 95 pensioners are not affected by this.
A circular issued by EPFO
Case of EPS 95 Pensioners – EPFO letter dated 31-05-2017 RC Gupta’s Judgment was given by the Supreme Court in October 2016, in which instead of the ceiling of 6500, the employees were ordered to fix the pension on the basis of their actual salary. (For example, if someone’s actual salary is 100000, then the deduction in his pension fund should be made 8.33% on 100000 instead of 8.33% of 6500, and accordingly, pension should be calculated as 100000 salaries instead of 6500.
After the said decision of the Supreme Court, EPFO has issued a circular to implement the order on 23-3-2017.
But on 31-5-2017, EPFO issued a reverse advisory saying that the order dated 23-3-2017 will be applicable only to the un-exempted entities, not to the exempted entities.
We come to the exempted. Now let’s also look at lightly exempted funds. There is a provision in the Act itself that the competent entities can form their own trust following the rules of EPFO and deduct PF from salary and keep the money in their own trust instead of sending it to EPFO and this trust will be monitored by EPFO.
In the case of pension, the pension fund is with the EPFO and the trust sends the pension money to the EPFO while the PF keeps the money with itself.
Against this arbitrary order, retirees of more than 40 institutions have filed petitions directly in the Supreme Court.
Get Your Link is strong See, an important right under the Fundamental Rights in the Constitution is the right to equality, under this, it has been said that the government cannot discriminate between two equal people.
We say that all retirees receiving EPS pension are the same, there is one rule for all, the contribution of pension of all, method of payment of pension of all, everything is not the same but the same, everyone’s pension fund is the same.
Everyone’s money is deposited in the pension fund of EPFO only.
The only and only difference is in the mode of sending the pension money to the pension fund as we send it through PF trust whereas in an un-exempted case the institution/company concerned sends it to EPFO after deducting it from the employee.
This difference cannot by any means be a reason for distinguishing retirees.
All the more than 40 petitions are also to be heard together and now the case is at the stage of final argument.
I hope I have been able to clear all the points. This information has been shared by an EPS 95 pensioner holder, share this maximum EPS 95 pensioner.
Pensioners desire to show their Vote power
- Many times the concerned Minister has promised to hike minimum pension. But at the end of his tenure, he issued a letter showing nil hand to poor peniosners.
- Many pensioners have approached many MPs and Cental Ministers and Chief Ministers and represented. But the Central Government is not recognising and alloting time to squre out the Eps 95 Pensioners problems.
- In rhe recent west bengal elections, the Eps 95 Pensioners shown their vote power and the social media has recognised the poor pensioners.
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