August 8,2020: The EPFO LETTER DT 31-05-2017 dividing the Pensioners into two classes is against the law in accordance with the CONSTITUTIONAL BENCH JUDGMENT within the case of D.S.NAKARA that “Divides Pensioners so on confer benefit on some while denying it to others-classification arbitrary, innocent of rational nexus to object of liberalization and violation of Article 14 of the constitution of India."
Ex-FCI Member has shared twenty (20) points for defending the cases of upper Pension
Point-1: The Pension is governed by rules and a government servant coming with those rules is entitled to say Pension. When Pension is upheld to be a right and not a bounty, up-gradation is additionally right and not a bounty.
Point-2: As a matter of fact these petitioners while in commission represented and also issued legal notices to FCI Management to contribute more on higher wages towards Pension fund under proviso 11(3) of EPS-95 during 2006 itself and successively FCI Management wrote two letters to REGIONAL PROVIDENT FUND COMMISSIONER, NEW DELHI.
Ex-FCI Member has shared twenty (20) points for defending the cases of upper Pension
Point-1: The Pension is governed by rules and a government servant coming with those rules is entitled to say Pension. When Pension is upheld to be a right and not a bounty, up-gradation is additionally right and not a bounty.
Point-2: As a matter of fact these petitioners while in commission represented and also issued legal notices to FCI Management to contribute more on higher wages towards Pension fund under proviso 11(3) of EPS-95 during 2006 itself and successively FCI Management wrote two letters to REGIONAL PROVIDENT FUND COMMISSIONER, NEW DELHI.
Point - 3: it's very clearly stated in para 7 (2) of Employees Pension Scheme-95 that "the members of the Family Pension Scheme -1971, who were out of employment on or after the first April. 1993 may exercise the choice to become members of this Scheme."
Point-4: The cited Apex Court judgment within the case of R.C.Gupta who governed by the Employees' Provident Fund & MP Act, 1952 and Employees' Pension Scheme -95 just like these petitioners and every one are homogeneous class of beneficiaries.
Point- 5: Within the paragraph 6A of Employees' Pension Scheme-95 , proviso to paragraph 11(3) and paragraph 2(iv),(v), (vi), 2(ix) doesn't say any cessation of membership from the Pension Scheme except contribution period to the Pension Fund by the member up to attaining the age of 58. As per several High Courts verdicts and dismissal of all EPFO’s appeals in SUPREME COURT .
Excellent contribution made by Sri B.V. Durga Prasad. All EPS should read it's point-wise explanatory readings and develop their confidential levels to receive higher Pension on actual salary drawing at the time of superannuation.
ReplyDeleteExcellent contribution made by Sri B.V. Durga Prasad. All EPS should read it's point-wise explanatory readings and develop their confidential levels to receive higher Pension on actual salary drawing at the time of superannuation.
ReplyDeleteExcellent contribution made by Sri B.V. Durga Prasad. All EPS should read it's point-wise explanatory readings and develop their confidential levels to receive higher Pension on actual salary drawing at the time of superannuation.
ReplyDelete