In this post, please find the relevant important points to know how the Eps 95 pensioners made a scapegoat. The Eps 95 pensioners are only asking for equal justice. In spite of the judgments of many High courts in the country, there is an injustice to them.
These points were found in the Media. This matter as a whole is not available on the internet and hence this is being reproduced for the benefit of the Eps 95 pensioners and also to the notice of concerned authorities, MPs, CBT Members, and concerned Ministry. The entire community of Eps 95 pensioners is genuinely asking for “When ?, When ?, When ?.
Thanks to the contributor Sri Dada Tukaram Zode, President, Matoshri Janseva Social Multipurpose Organization Nagpur. National Legal Adviser.
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Recently, on 24-08-2021, a bench of two judges of the Supreme Court referred 63 cases of EPS 95 retirees to a bench of three or more judges of the Supreme Court.
It is unfortunate that while there was no direct challenge to the Supreme Court’s decision in RC Gupta’s case, the argument that RC Gupta was wrong was made indirectly and a two-judge bench heard the argument and referred the case to a larger bench to reconsider RC Gupta’s eligibility.
This was done by a five-judge bench of the Supreme Court in 1990, but it did not take into account the fact that the EPS 95 pension scheme did not exist in 1990 and the issues in the application were different.
The fact is that there is no need to reconsider the merits of RC Gupta and there was no need to refer these cases to a bench of three or more judges.
In fact, it would have been appropriate for the case to have been referred to a larger bench for disposal of the appellate petition against the Kerala High Court’s decision.
In fact, the court battle in this regard started after the provident fund association set a ‘last date’ of 1-12-2004 for the option of a full-time pension.
Since then, hundreds of cases have been heard so far, and the High Court has ruled that the provident fund association does not have the authority to set such a deadline.
The apex court later upheld the apex court’s decision, dismissing nearly ten appeals filed on behalf of the provident fund association.
Eps 95 case clarification by the Supreme Court
Later, in the case of RC Gupta, the Supreme Court clarified the meaning of Section 11 (3) of the EPS 95 Pension Scheme and ruled on 4-10-2016 that there was no deadline in the law to provide such an option.
Thus, the Supreme Court ruled in favor of the pensioners by dismissing about 10 appellate cases of the provident fund association till 2016 and then again on 4-10-2016 in the case of RC Gupta in favor of the employees and the pensioners.
This decision of the Supreme Court was approved by the Committee of Senior Officials of the Provident Fund Association (PEIC) on 8-12-2016, then by the Supreme Central Board of the Provident Fund Association (CBT) on 19-12-2016. Did.
It was then sent to the Central Government for approval and the Central Government also approved on 16-03-2017 to implement the decision of the Supreme Court dated 4-10-2016.
The EPFO and the Government turned the heel
After that, the provident fund association issued a circular on 23-03-2017 and directed to implement the decision of the Supreme Court.
And since then, the pensions of nearly 27,000 retirees in the country have been rescheduled, and now, the central government and provident fund associations say the Supreme Court’s ruling on 4-10-2016 is wrong.
If the decision of the Supreme Court on 4-10-2016 and earlier in ten cases was wrong, then the provident fund association and the central government should have challenged it then.
But without doing so, those decisions were accepted by the provident fund association and the central government, and then those decisions were implemented and now they say that the decision was wrong, and unfortunately, the Supreme Court is hearing it all.
The Supreme Court had ruled in those ten cases till 2016 by a two-judge bench and hence these cases have now been referred to a bench of three or more judges.
But while classifying all these cases before a larger bench, the court only summed up and decided the argument of the advocate of the provident fund association.
If the arguments of the lawyers of the retired pay holders had been fully heard, it would have taken a long time, so it was avoided and they were given very little time.
If the side of the retirees had been fully heard, then the Central Government would have approved the implementation of the decision of 4-10-2016 and its implementation has started on 23-03-2017 and the pensions of about 27,000 retirees have been re-determined.
Would have been pointed out. Also, while the bench only heard the side of the provident fund association, it should have taken into account that the provident fund association has not given the opportunity to pay full pay pension to the employees in the name of cut-off date since 2004, but it did not happen.
An Appeal filed by the EPFO
Also, an appeal filed by the Provident Fund Association against the decision of the Kerala High Court on 12-10-2018 was rejected by a three-judge bench of the Supreme Court on 1-04-2019.
A reconsideration petition against the decision of 1-04-2019 was accepted by a three-judge bench of the Supreme Court on 29-01-2021 without hearing the views of the Opposition.
The Central Government has also filed a separate appeal against the decision of the Kerala High Court dated 12-10-2018. The two appeals will be heard before a three-judge bench.
Eps 95 case to Larger Bench
All these cases will now be heard before a large bench. The law is fully in favor of the retirees and if the Supreme Court rules without any pressure from the central government, the decision will be in favor of the retirees and then the retirees will get justice, but it is time for those poor old retirees who are counting the last days of their lives. Will be.
Let’s just say “whatever happens is for the better” and believe that “victory is the truth in the end”, that’s all.
Dada Tukaram Zode, President, Matoshri Janseva Social Multipurpose Organization Nagpur.
National Legal Adviser, Retired Staff (1995) Coordinating Committee, Nagpur, 57/58 Jaydurga Layout No.2
Manish Nagar Nagpur 37
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