GOD only will save EPS 95 Minimum Pensioners

By email /post. 11-4-2024 cji.office@sci.nic.in
supremecourt@nic.in
To
Justice D Y Chandra chud ji , honourable Chief Justice of India, Supreme Court
Tilak Marg , New Delhi-110001 .
(For kind personal attention )

Sub : Humble pray to save /rescue the SENIOR , VERY SENIOR pensioners of employees pension scheme ,1995 ( EPS 95 ) provided of meagre unliveable pension in the range of Rs 1000 even less than it to about Rs 3500 causing critical hardened life – – seeking an adequate minimum pension on national average cost of life that runs into about Rs 10000 linked with DA and govt medical facility by interventional directions of honourable supreme court to the concerned authorities through Sue Motto Cognizance on priority with other issues of pension simultaneously .
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Your honour respected sir ,
We all EPS 1995 pensioners would salute with high esteem to your kind self towards your valuable service in judiciary as judge in high court and supreme court now as honourable chief justice of India keeping our trust upon you for what you say in delivery of justice – reflected from your eloquent words
1) Clarion Call to honourable judges for speedy settlement of cases of SENIOR CITIZENS ON PRIORITY given their less span of life that has received applause from all citizens , as caring for elderly is legal obligation and failing to care senior citizens is unconscionable and
2) that the justice delivered shall reach the common man aspired of it not just getting the concerned lawyer and the judge complacent of the justice delivered . your honour have also said that
3) the doors of honourable supreme Court are always open to the citizens to be entered for justice without getting any fear .
So your honour staying with concern of the citizens we seek for help from the honourable supreme court to come out from an entangled issue caused by the employees pension scheme 1995 .
The story of subject matter unfolds that the bill of employees pension scheme 1995 ( EPS 95 ) framed of it’s negated purpose outrightly with ceiling wages and pensionable service of EPS 95 unaccounted of the fund contributory of family pension scheme 1971 under the principle of defined contribution – defined benefit was approved by the parliament keeping the members in DARK about it’s deficiencies with INCONCLUSIVE DEBATE amidst the opposition of the members assuring that the pension would be increased annually for its periodical review with the promise and assurances given then by the ruling party at the time of inception of EPS 1995 – effective from 16th november 1995 .

The promise of election manifesto of political party becomes a MATTER to the voters as a matter of trust on it not for being forgotten as wild and unrealistic promises by the party that comes into power.


But no review of EPS 95 took place till now by the governments followed maintaining with status quo and then came up with a provision for joint option of employee and employer for time bound higher pension on actual wages with it’s due cut off date conditions in Feb 1996 for no considerable benefit of pension on actual wages for senior ,very senior pensioners for insufficient EPS 95 pensionable service and also found it inoperable by them due to inaccessibility of records and closure/non existence of employer company establishments to gain something available benefit.


Basic pension is a fundament right of employee as service terminal benefit to be determined on actual wages with total qualifying service linked with consumer price index ( DA) and it is to be done with as hereunder in respect of pensioners of EPS 95 that has gone erroneous with deficiencies described herein.


1) The pension is to be determined on last drawn actual wages with qualified pensionable service / 20 years or more with two years weight age that receives /has received contribution made to EVERY PENSION FUND during the service of employee covered of FPS 71 and EPS 1995 that clearly mean it pensionable service as per the EFP & miscellaneous provisions Act 1952.


But the pension is determined on ceiling wages fixed from to time by it’s increase regardless of actual wages of employee with only service of EPS 1995 held as pensionable service for purpose of pension ignoring the fund contributory service of family pension scheme 1971 ( FPS 1971 ) that ought to have been accounted to be held as pensionable service .
2) Pension being SERVICE PENSION is to be linked with consumer price index ( Dearness Allowance ) an inseperable part of service pension BUT IT IS NOT LINKED that has made pension stagnant for life time of employee without linkage of DA and also with no revision of pension alike.


In consequence of these deficiencies brought in under EPS 1995 lakhs of pensioners of this pension scheme are getting meagre pension and in particular senior pensioners joined service in 1971-72 onwards and retired early post period of EPS 1995 with contribution to the pension fund of FPS 71 and EPS 95 during long service combined of both the schemes more in former and less in latter besides no scope of benefit or negligible benefit of higher pension on actual wages by joint exercise of joint option , receive the very meagre quantum of unliveable pension in the range of less than Rs 1000 , Rs 1000 at minimum and about Rs 3500 at maximum for a service of 25 to up to 40 years at much disadvantage of pension.

Is this a social security for retirees under the PF Act what the honourable govt calls it invites a conscious thought over it amidst existing living minimum wages.


Further the higher pension on actual wages by excercise of joint option of employee and employer is to be allowed to all EPS 1995 pensioners at their option without any discrimination among pre 1-9-2014 and post 1-9-2014 pensioners created of two groups but it is not allowed by the EPFO in contravention of law by misleading/mis-interpretation of the provisions of pension scheme to the court of law and pensioners alike.

The dispute of higher pension ( R C Gupta case ) is to be heard in finality by the honourable supreme court that may kindly be settled in this month not going it adjourned further more with consideration of age factor of the pensioners in view of long time already taken.


In the context of the above position FIRST and FOREMOST NEED of PENSIONERS is an ADEQUATE MINIMUM PENSION with DA mentioned in subject matter as a matter of NECESSITY to bear the present cost of life .
ONLY EYE- WASH actions for enhancement of minimum pension took place all along forming committee over committee pacifying the pensioners now and then for over years unmindful of the life crises brought in to the pensioners together spouse and dependent children by the EPS 95.


Given the unfair position of meagre unliveable pension under the EPS 1995 the Koshiyar parliamentary committee 147 had recommended for grant of a minimum pension of Rs 3000 with DA in the YEAR 2013 itself MORE than 10 YEARS BACK the present value of which has gone multiplied of 3 times on national average cost of life later followed by the union trade unions also recommending for enhancement of minimum pension of Rs 9000 during their tripartite meeting with standing committee on labour of the union ministry of labour and employment , Govt of India . But the matter has stood unresolved not moving an inch from the SET FORMULA of pension of EPS 95 that does not serve it’s intended purpose totally .
The pensioners with their dedicated service of prime age with contribution to the EPF in combined periods of family pension scheme 1971 and employees pension scheme 1995 , rendered for overall growth of the nation are VIRTUALLY DEVALUED by the unliveable pension of economic insecurity continued that falls below the level of liveable pension in the range of less than Rs 1000 ,Rs 1000 at minimum and about Rs 3500 at maximum after catering to the products of domestic needs and various services of all citizens encompassed of day and night shift essential services with loss of normal sleep and upset of general health besides pleasure of family togetherness in state transport services , steel , cement, coal mines , health hazardous chemical industries at all life risk , health services , cooperative sugar factories , Textiles , co-operative banks , Textiles etc etc inclusive of defence units like BEML and other big public enterprises BEL , HMT and so on , so on covering about 186 types of major and minor industries as LIFE-LINE of the NATION.


The magnitude of outstanding burning problem of meagre unliveable pension being provided to pensioners under EPS 95 pensioners by the EPFO is felt so bad with the eyes of poor pensioners often wet in emotion while disclosing their continued hardened life what all it did happen and what it is still continued to the pensioners and widow pensioners over the long period so much so with income poverty pathetic sufferings of Dependent Life on others.


The story of reality of the pension scheme is also that it depressed them immensely and baffled with shock of upset getting disheartened very much on sudden unbelievable downfall of monthly income by the pension being not even less than 25 percent of the last drawn salary insufficient to face the present cost of life on no account what they never thought of to such level while in service.


WHAT MATTERS to us VERY MUCH SERIOUS concerned to survival of life itself with unliveable pension HAS BECOME NO MATTER of SERIOUSNESS at all to all the governments .
The life of EPS 95 pensioners together spouse and dependent children is at stake with the meagre pension provided who are in dire need of the moderate minimum pension linked of DA as prayed for
Your honor , exhausted of all sorts of protests conducted by EPS 95 pensioners in all seriousness constantly all over the country and new Delhi number of times witnessed of citizens and local media , with submission of countless memorandums to the honourable prime minister , honorable union minister of labour & employment , all other concerned authorities and then honourable head of the nation for OVER A DECADE with the main demand for grant of an adequate minimum pension linked to consumer price index (DA) among other issues the tragic issue has been placed before the HONOURABLE SUPEREME COURT — the institution of highest judiciary of the land praying for adjudication of the issue that has brought the EPS 95 pensioners on streets with cry for redressal of grievances.


We are COMMON CITIZENS many of us are poor , support less and even shelter less aspiring for JUSTICE being in Democratic country , DENIED for OVER YEARS and filing of the writ petition in honourable supreme court is not within our reach being unaffordable for the litigation cost /engagement of expert lawyers that cost runs into lakhs together for pleadings of each hearing of some minutes for injustice perpetuated on us with meagre unliveable pension under EPS 1995 as described in the subject matter seeking justice from the honourable supreme court getting the issue touched on importance of it meticulously on priority too with it’s own powers of Sue Motto Cognizance requesting for interventional directions to the department of labour & employment , govt of India and EPFO new Delhi in the matter AS THE CAUSE of SUBJECT ACTION HAS ARISEN at NEW DELHI itself not elsewhere causing immeasurable damage cost on the lives of all these EPS 95 pensioners settled in nook and corner all over India that no authority would own the responsibility for it.


DEPENDANCE is DEATH and an EMPTY STOMACH cannot be TAUGHT of PHILOSOPHY are the words quoted by the Great SAINT SWAMY VIVEKANANDA that have been made in vice versa with NO RELEVANCE to the UNSECURED EPS 95 PENSIONERS leaving them DEPENDENT UPON OTHERS for LIFE TIME and TEACHING the the built up defined policy pension not conformed of needs of life as and when relief sought for in the unrest life .
The justice that cares the last citizens for their protection would be a mile stone , historical and memorial in judicial service of nation .
Taken into consideration of our deeply heartfelt submission of human feelings , restoration of normal life on humanitarian grounds and supportive recommendations of parliamentary committee and National Trade Unions the honourable supreme court may kindly take it up a sue motto cognizance for interventional directions to the Employees Provident Fund Organisation new delhi ( EPFO )and the department of labour and employment , Govt of India for grant of LIVEABLE MINIMUM PENSION OR AN APPROPRIATE MINIMUM PENSION DEEMED FIT on national average cost of life with DA in terms of universal social security being the need and bare necessity for living life free of dependence to it’s end as our LAST HOPE aspired for ultimate justice with
MOST PRIORITY followed by other issues of pension in order that these pensioners live peaceful stess-free normal life protected of minimum economic security not with just right to exist but also dignified life in their sunset years not facing the present predicament life .

      An affidavit 

I shamrao s/o late Ganpatrao r/o Bidar, Karnataka , EPS 95 pensioner Age 82 years do solemnly swear this day of 11th April 2024 and declare that the contents of this appeal are true to the best of my knowledge and understanding .

              ShamRao 

Age 82 , EPS 95 pensioner , Pension Rs 981 , Volunteer EPS 95 pensioners Activist. # 19-6-317, Paap Nash Road , shivnagar (N) BIDAR –585401 Karnataka .

With high regards ,
Sincerely your’s

ShamRao .G , Age 82 , EPS 95 pensioner , Pension Rs 981 ,
Volunteer EPS 95 pensioners Activist. # 19-6-317, Paap Nash Road , shivnagar (N) BIDAR –585401 Karnataka .
shamraobidar308@gmail.com
Ph: 9632885896 .