As per Second part of the Para No: 44 (iv) on Page No: 48 of the Judgement of 4th November, 2022:
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Second part of the Para No: 44 (iv) with reference to Employees who are on rolls upto 31-08-2014 and continuing beyond 01-09-2014:
” There was “uncertainty” as regards the validity of the post amendment scheme, which was quashed by the “aforesaid judgements of the three High Courts”. Thus, all the employees “who did not exercise option but were entitled to do so but could due to the interpretation of “cut-off-date” by “the authorities (EPFO), out to be given a “further” chance to exercise their option. Time to exercise option under paragraph 11(4) of the scheme, under these circumstances, shall stand extended by a further period of “four months”. We are giving this direction in exercise of our jurisdiction under Article 142 of the Constitution of India. Rest of the requirements as per the amended provision shall be complied with.”
Now the same Second part of the Para No: 44 (iv) in the context of the Employees of Exempted Establishments who attained 58 years on or before 31-08-2014:
There was uncertainty as regards the validity of the “letter of 31st May, 2017” (replacement for “post amendment scheme”), which was quashed by the aforesaid judgements of the three High Courts. Thus all the “Employee from Exempted Establishments” (replaced for Employees) who did not exercise option but were entitled to do so but could not due to the interpretation on “letter of 31st May, 2017” (replaced for “cut-off date”) by the authorities, (EPFO) out to be given a further chance to exercise their option. Time to exercise option under paragraph 11(3) (replacement for para 11(4) of the scheme), under these circumstances, shall stand exercised by a further period of four months. We are giving this direction in exercise of our jurisdiction under Article 142 of the Constitution of India.
Rest of the requirements as per the “Sri R.C. Gupta” (replacement for “amended provision”) shall be complied with.
Comment:
1) In the case of Employees who are on rolls upto 31-08-2014 and continuing beyond 01-09-2014:
Vide the above First part of Para No: 44 ((iv) of the Judgement of 4th November, 2022 the words ” all the employees who did not exercise option but were entitled to do so”
should be replaced with “all the “remaining” employees who did not exercise option but were entiled to do so”
Why?
Becuase there are already employee who are on rolls upto 31st August, 2014 and continuing beyond 01-09-2014 exercised option both under Para No: 11(3) (for the period from Date of Appointment to 31-08-2014) and under Para No: 11 (4) (for the period beyond 01-09-2014) i.e., exercised Option under Para No: 11 (4) on or after 01-09-2014 but before the first judgement on the Amendments by Hon’ble High Court of Kerala on 12th October, 2018 i.e., between 01-09-2014 and 12-10-2018 and got their “Pension revised” . Thus for these Employees the words in the Second Part of Para No: 44 (iv)
” Thus, all the employees who did not exercise option but were entitled to do so but could not due to interpretation on cut-off date by the authorities, out to be given a further chance to exercise option.”
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there is no need for application.
Further in the case of these employees who already exercised option under Para No: 11 (3) and 11 (4) and got their Pension revised, there is no need for the Hon’ble Supreme Court to exercise powers under Article 142 of the Constitution.
Here is one of the Examples among many from the list submitted to Hon’ble Supreme Court:
S. No: 66
Page No: 313
PPO No: HRKNL00041722 (P.F. Commissionarate, Kurnal, Haryana)
Date of Birth: 17-07-1958
Date of attaining 58 years: 16-06-2016
Pensionable Salary under Ceiling: 6,500/-
Pensionable Salary on Full Wages: 40,493/-(6.23 times)
Pension under Ceiling: 2,168/-
Pension on Full Wages: 11,265/- (5.2 times)
Difference paid: 4,82,832/-
Arrears paid: 4,90,328/-
Note: The Date of attaining the age of 58 years is in between 01-09-2014 and 12th October, 2018, i.e., the day of the first Judgement on the Amendments by the Hon’ble High Court of kerala.
Thus there are several such Employees in the list submitted to Hon’ble Supreme Court.
In case of Employees of Exempted Establishments who attained the age of 58 years on or before 31-08-2014:
Not a “Single Employee” benefitted from the Judgment of Sri R. C. Gupta & Others delivered on 4th October, 2016, because of the letter of 31st May, 2017.
Therefore in the above case, there is also equal need for the Hon’ble Supreme Court “now” to use its powers under the jurisdiction under Article 142.
G. Srinivasa Rao, Mobile No: 89851 72459 & WhatsApp No: 86398 71817
