Valuable Words of a Senior EPS 95 Pensioner on Higher Pension

Thanks and credits to Sri Seshagiri Rao,ED (RTD)

+91 99592 25970

Dear sir, Thank  u very much for your deep analysis of Higher pension cases for EPS95 members, particularly  pre-1-9-2014 retirees.

Pl recollect my earlier posting related on this subject.

1. RC Guptha Judgment is misinterpreted by EPFO against members of Exempted organizations.

2.After implementing circulardt23-3-2017 for about 24672 pensioner ,all from un-exempted establishments ,completely stooped further implementation.

3.SCI ,Larger bench judgment dt.4-11-2022 relayed on amendents/ modifications made vide Amendment GSR 609 dt. 22.08.2014, naturally applicable to post1-9-2014retirees & In-service employees.

4.Pre1-9-2014 retirees shall govern by RCGupta Judgment, which is crystlised , upheld by SCI larger bench in their judgment dt.4-11-2022.

5.But EPFO is always interpreting against pensioners taking the advantage ofpara44(v) of the judgment dt.4-11-2022.

6.But Now only SCI Larger bench can resolve the issue.

7.In the contempt petetionno.000851-000852/23pending before SCI, we can expect Outcome infavour of pre-1-9-2014 retirees of both exempted &Unexempted categories, if SCI is allowed to hear our plea and our advocates are properly presented as Per your analysis, supported with relevant documents. 

I am in hope ,but the argument shall hear by Larger bench consists of CJI.

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Can SCI resolve contradicting versions /interpretation of its own two judgments

i.e RCGupta case 2016Judgmnets & 4-11-2022 Judgment

Key points

1. R.C.Gupta judgment was implemented by sanctioning higher pension for about 24600 pre1-9-2014 retirees and from Unexempted, after dismissal of many RPs by EPFO& ML&E GOI

2.Themain crux of the RC Gupta judgment is based on the imposition of cutoff date for submitting higher option, which was illegally and orbitarily imposed which is not therein thee EPS95Act.

3.EPFO was interpreted (Misinterpreted) theR.C.Gupta Judgementasapplicable onlyfor unexempted employees.

4.4-11-2022 judgment is interpreted (Misinterpreted)by EPFO only in respect of pre1-9-2014retirees ,imposing a clause of “ pre1-9-2014retirees should opt for higher pension while in service.

5. May be that reason the higher pension which was granted  as per RC Gupta judgments was takenback even  with the return back of already paid amount by EPFO. But restored by high courts,subject to the result of final judgment ,certainly by SCI

6.4-11-2022 judgment upheld the RC Gupta judgment ,also stated that no discrepancy in respect of pension between unexempted and exempted categories

Now the points to validate are

7. The pending Contempt case or RP before may likely to take same path like the RPs on the verdict of 4-11-2022 ,i.e dismissal,as 4-11-2022 judgement prnounced by SCI larger bench  consisting CJI as member 

6. Then the two judgments of SCI are contradicts in respect of pre1-9-2022retirees

7. the 24600 pre1-9-2014retirees who are drawing higher  pension now may be withdrawn

8. My point is the benefit granted according to the judgment of SCI (RCGuta case)denied according to the judgment of same court i.e SCI is against the principles of natural justice.

9. In case the already benefitted pre1-9-2014retirees are continued only for them ,and denying it to the similarly placed pre1-9-2014 retirees both Unexempted and exempted is also against the principles of natural justice ,even in the views of common man having least legal knowledge.

10 .Any case of the above is  either contradictory or against the principles of natural justice.

11.Let us see how this will be resolved. Let us pray god that wisdom may prevail on the competent authorities without going by egos