21,229 Employees who attained 58 years on or before 31-08-2014 and from Unexempted Establishments got Higher Pension as per the Judgement of Sri R.C. Gupta & Others delivered on 4th October, 2016 which was implemented through Circular of 23rd March, 2017 only in case of Employees of Unexempted Establishments.
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The entire list was submitted by EPFO to the Hon’ble Supreme Court on 5th August, 2022 during the end of the arguments.
This fact was not reflected in the Judgement of the Hon’ble Supreme Court in its Judgement of 4th November, 2022. If they get, you, similarly placed i.e., attained 58 years on or before 31st August, 2014 must get Higher Pension.
But EPFO in its Circular on 29th December, 2022, restricted the benefit of the Judgement of 4th November, 2022 to only present Employees on rolls as on 4th November, 2022, i.e., the date of the Judgement.
Moreover EPFO issued letter on 31st May, 2017 which denied the benefit of the Judgement of Sri R.C. Gupta & Others to the Employees of Exempted Establishments.
The above letter was invalidated by the Hon’ble High Court of Kerala, Rajasthan and Delhi. The Hon’ble High Courts of Rajasthan and Delhi went a step ahead and stated that the letter of 31st May, 2017 was issued in haste without application of mind and drawn a distinction between Employees of Exempted Establishents and Unexempted Establishments which is violative of Article 14 of the Constitution i.e., equality before law.
The above verdict of the above three Hon’ble High Courts was upheld by the Hon’ble Supreme Court in its Judgement of 4th November, 2022. Thus the way is clear for you to get Higher Pension.
Hence you have submit the Option through RTI quoting the above reasons directly to the concerned Regional Provident Fund Commissioner, for which he is bound to reply as per RTI Act.
This is the only way to you. Further grounds for you is the 1) the validity of the EPS,’95 is under adjudication in Hon’ble High Courts and Hon’ble Supreme Court from 16-11-1995 to 11-11-2003 (5 days short of 8 years), 2) available time for Option under Proviso to Para No: 11(3) is only from 11-11-2003 to 30-11-2004 i.e., one year and 20 days.
During this time you have already crossed the Ceiling Wages. 3) From 01-12-2004, EPFO itself stopped accepting Options for Higher Pension. Thus employees were undecided/barred from time to time due to various reasons to opt for Higher Pension.
In these situations, Employees cannot be blamed for failing to opt for Higher Pension during their service. Moreover the Judgement of Sri R.C. Gupta & Others was delivered on 4th October, 2016 i.e., after one year, one month and 3 days after the Employees attained 58 years on or before 31-08-2014, hence they are supposed to opt for Higher Pension after attaining the age of 58 years.
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All these bare truths must be brought to the notice of EPFO through RTI. Moreover Sri R.C. Gupta & Others simply approached the Regional Provident Fund Commissioner, Simla on the “eve'” of their retirment for Higher Pension and the RPFC has negatived his request.
There is no documentary proof for this i.e., 1) Sri R.C. Gupta & Others approached the RPFC, Simla with a written request and on what date? 2) When i.e., on what date RPFC, Simla rejected his request in writing? There is no documentary proof for this.
But EPFO is insisting now that there should be documentary proof in case of those who attained 58 years on or before 31-08-2014 that EPFO rejected their option in writing.
How can this be possible? Why not it is the case in case of Sri R.C. Gupta & Others? All these facts should be put through RTI before EPFO. Finally, soon after the Judgements of Hon’ble Supreme court on 31st March, 2016 and 12th July, 2016 many Pensioners approached the Offices of the Regional Provident Fund Commissioners’ Offices throughout the Country, forming long queues submitting Options for Higher Pension of a Proforma for which RPFC put a big box to drop the Options.
What happened to these Options. The scenes i.e., long queues were witnessed by print and electronic media at that time.
The footage at that time can bring the truth including paper clippings. This EPFO cannot deny because they they themselves put a big box to collect options.
What happended to those collected Options? EPFO has to explain now?
G. Srinivasa Rao, Mobile No: 89851 72459 & WhatsApp No: 86398 71817
