ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION
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Please find the Joint option Form at end of this content and the procedure as to how to fill up the Form
No.AMF/EPS-95/2022
Office of the Managing Director, RTC House, PNBS, Vijayawada.
NOTIFICATION NO. PFT(1)/2023 Dated: 31-01-2023 Sub: EPS-95-Implementation of the orders contained in para 44(ix) read with para
44(v) and (vi) of Hon’ble Supreme Court judgment dated: 04.11.2022 in the
matter of SLP (C) No.s 8658-8659 of 2019- Instructions communicated -Reg. Ref: Letter No. Pension/2022/54877 of Addl. Central PF commissioner, EPFO, Head
Office dated: 29.12.2022. Through the letter referred above, all the field offices of EPFO are directed to
implement the directions of Hon’ble Supreme Court of India dated: 04.11.2022 in the
matter of SLP (C) No.s 8658 8659 of 2019 within the stipulated time and ensure adequate publicity of the decisions taken by EPFO.
The relevant directions of the Court in the subject matter are given below.
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“44 (v) The employees who had retired prior to Sep, 2014 without exercising any option under paragraph 11(3) of the pre-amendment scheme have already exited from the membership thereof. They would not be entitled to the benefit of this judgment .
44 (vi) The employees who have retired before 1″ Sep 2014 upon exercising option under paragraph 11(3) of the 1995 Scheme shall be covered by the provisions of the
paragraph 11(3) of the pension scheme as it stood prior to the amendment of 2014.
44 (ix) we agree with the view taken by the Division bench in the case of R.C. Gupta (supra) so far as interpretation of the proviso to paragraph 11(3) (pre-amendment) pension scheme is concerned. The fund authorities shall implement the directives contained in the said judgment within a period of eight weeks, subject to our directions contained earlier in this paragraph”
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However, based on the contents of the orders of Hon’ble Supreme Court of India dated: 04.11.2022, which are mentioned below, it is felt necessary that the joint option exercised by the Employer and Employee and counter signed by the Exempted Trust, reaches the PF Authorities on or before 03-03-2023.
As per para 44(11) of the orders of Hon’ble Supreme Court, the Pension Scheme brought about by the Notification No.GSR 609(E) dated:22.08.2014 is applicable to the employees of exempted establishments as well. APSRTC being an exempted establishment comes under this provision.
As per para 44(iv) of the said orders, the employees/members of the scheme, who did not retire prior to 01-09-2014 and who did not exercise option earlier under proviso 11(03) of the Pension scheme are entitled to exercise option in terms of proviso 11(04), in the nature of joint options covering pre-amended paragraph 11(3) and also the amended paragraph 11(4), on or before 03-03-2023. This covers all the in-service employees of APSRTC.
The contents of the para 44 (iv) may also cover the employees/members who may have retired/exited the scheme between 01-09-2014 and now.
In view of the above, it is decided to obtain Joint Option forms from the in-service and retired employees of APSRTC who were appointed prior to 01-09-2014, as given below.
1. The Employees who retired prior to 01-09-2014 without exercising option for higher pension are not eligible for submission of option form.
2. Joint Option forms (copy enclosed) shall be filled in the prescribed format in all respects and signed by the in-service employee and the Unit Officer concerned.
3. In case of retired employees, Joint Option forms shall be filled in the prescribed format in all respects and signed by the retired employee and the Unit Officer concerned of the last working Unit.
4. The Joint Option forms shall be prepared in triplicate (3 copies)
(a) 1″ copy to be filed in the p-case of the employee concerned and (b) two (2) copies shall be submitted to APSRTC PF Trust, RTC House, Vijayawada.
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5. Two copies of the Joint Option forms shall be submitted from each Depot/Unit, along with a covering letter, through a special messenger, on or before 15.02.2023 and obtain acknowledgment from the office of Secretary, APSRTC PF Trust for each Joint Option form.
Disclaimer:
These instructions are subject to directions/instructions of EPFO and or decision of court of Law (if any) issued from time to time in this regard. The above instructions are issued for implementation of the said judgment only to adhere to the time limit and are subject to any ratifications/guidelines that may be issued by EPFO from time to time. Therefore, the joint option forms submitted by eligible employees do not confer any right to receive or obligation upon APSRTC PF Trust to pay higher pension to them.
This has the approval of the competent authority.
EXECUTIVE DIRECTOR (ADMIN.)
Copy to all Unit Officers for necessary action.
Copy to Secretary, APSRTC PF Trust for necessary action.
Procedure to fill up the Joint option Form
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