Email to Sri.N.K.Premachandran, MP.
SAVE OUR SOUL
Respected Sir,
We humbly wish to bring to your kind attention the problem faced by the Senior Citizen EPS Pensioners, the apathy of the EPF organization towards us in not extending the benefit of higher pension on actual salary. In spite of favorable verdicts from various High Courts and the Apex Court, the EPFO prefers Appeals, SLP, and Review etc; thereby delaying the implementation. Even the Apex Court has dismissed more than three SLPs. Many of the pensioners have died during this period without enjoying the benefit. We wish to highlight the actual fact behind the economy of pension on actual salary to your personal attention so that you will personally intervene and take up the issue in Parliament.
There is famous proverb in Tamil that "வாய் வாழ்த்தாவிட்டாலும் வயிறு வாழ்த்தும்", which means, even if a good deed is not appreciated by the mouth, the stomach will bless.
Please refer 221 CBT(Central Board of Trustees) Agenda 5 dt 13.04.2018 (attached), Para 41 (vi), wherein it is stated that the Employee from Exempted organization is allowed to contribute on higher wages, an arrears amount of Rs 456105 is to be paid up front. But it has conveniently forgotten the Income Tax paid on the arrears of Rs 764971, which anyway will be going to the GoI kitty. Please refer RFP for appointment of Valuer (attached), Para 1.11, it is mentioned Total no of EPS Member as on 31/03/2018 as 20,94,82,151 and the total no of Pensioners as 62,73,190.
As per Para 1.10, the total contribution received between 2012-13 and 2017-18 is Rs 1,69,543.44 Cores and the Benefits payment made for the same period as Rs 78,911.41 Cores, thereby a saving in the Kitty to the tune of Rs90,632.03 Cores.
Even if we take EPS contribution at the lowest of Rs 1250 ( 8.33% of 15000), the total monthly contribution will work out to Rs 26185,26,88,750 and the Benefit payment to be made by taking average pension at the highest as Rs 35000, will be Rs 21956,16,50,000 and hence the balance available with EPFO will be Rs 4229,10,38,750. In the real scenario, this balance will be more, since we have taken the contribution at the lowest and the payment at the highest.
Already HC Madras in its Judgment in WP 14368/2018 (Page 72) has quoted a Hindu Newspaper News dated 17/08/2014, that a staggering Rs 32,000 cores is lying in various inoperative accounts across the country as unclaimed pension as disclosed by CPF Commissioner in an interactive session with Employees at Hyderabad. This is reaffirmed by a recent RTI query reply (attached), wherein EPFO has informed that an amount of RS 52919,79,90,114.45 has been lying in the In-operative account and has been transferred to EPF Contribution Fund-Member’s account.
Even if we take future Retirees, it will be offset by the addition of new members in the EPS Scheme and hence no change in the above scenario is anticipated. In the same HC MS judgment in Para 22 of Page 64, it is mentioned “Undoubtedly, it is a cardinal principle of law that benefit of laws should be construed liberally and hence legislations shall be interpreted in a liberal and broad manner so that maximum benefits could reach to employees”. Kerala High Court in its judgment in WP 13120/2015 says "There is no justification for stealing bread from the mouth of the pensioners to secure the pension fund.
Though the fund is replenished by the present workers, its beneficiary is the old former workers/pensioners and the fund is meant for their sustenance. It is the duty of the Central Board to administer the fund efficiently and augment through wise investments and professional management so as to ensure that it meets the commitment to pay pension to the Employee”
Under the above, the argument that the EPS Fund will deplete if Pension on actual salary is given to Exempted/Unexempted Establishment Employees is highly imaginary.
To add salt to the injury, recently our Employer, Mahanagar Telephone Nigam Limited, a Relaxed Establishment (pending grant of Exemption by EPFO), whose relaxation has been withdrawn and directed MTNL to function as Un-Exempted Establishment from 31-01-2013, has transferred the Trust to EPFO without giving the particulars about the Retired Employee Members to EPFO.
The Joint Option under 11(3) submitted by the Employees long back is lying idle with MTNL without forwarding the same to EPFO, thereby leaving the Retired Employees of MTNL in lurch. Unlike other EPS pensioners, we, the MTNL EPS pensioners have to fight both MTNL (Employer) and EPFO as well.
Sir, we request with our folded hands Yourself, the well known Crusader of EPS Pensioners and known for your extreme skills in rendering Justice to this category of Pensioners to take up this matter in the Parliament so that Justice is done to the Senior Citizen (withering leaves) who are in their winter of life.
Thanking you once again.
S.Chandramouly,
Retired DGM, MTNL, Mumbai,
EPS95pensioners are suffering a lot with the mere pension inthis hardship drought days and in these covid 19 days . After supreme court and high court judgements also government not implementing higher pension on actual wageswages, we also voted this rulling party and elected our MPs, so we request n demand to do implementation of supreme court judgement immediately and save the EPS95 pensioners.
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