Except the petitioners of RC Gupta case, No other pensioner whether from Exempted or Un-exempted and Pre or Post 1.9.2014 retiree should remain eligible for higher pension
EPFO now knows it very well that the directives/pleadings of Pension Division regarding differentiating between Exempted & Un-Exempted and Pre or post 1.9.2014 retirees as per their letters dt. 31 5.2017 and probably 21.6.2017 respectively may not be accepted by the Courts and we have also seen the results in various High Courts.
In May 2019, the Legal Division came in forefront and issued a synopsis on 24.5.2019 (after the meeting of all field officers of ZOs/ROs held at Delhi on 18.5.2019) for defending the cases in Courts. Now, they have issued detailed directives dt. 16.9.2020 by totally highjacking the matter from Pension Division wherein they have now also asked ZOs & ROs to review even the settled cases.
Their strategy in my personal view is to divert the issue by taking a new stand now with which they are expecting that except the petitioners of RC Gupta case, no other pensioner whether from Exempted or Un-exempted and Pre or Post 1.9.2014 retiree should remain eligible for higher pension.
The new pleadings (24.5.2019 & 16.9 2020) by the Legal Division are that a "retired employee" cannot submit joint option under Para 11(3) of EPS'95 as they can do so only during their service tenure (as per Legal Div.).
While thinking so, they are forgetting the decision on this issue already announced by the Kerala High Court & confirmed (12.7.2016) by the Supreme Court in Austin Joseph Case wherein all the petitioners were retirees The above fact has also been communucated to EPFO HQ/ Legal Division by the EPFO Trivendrum in c/w the directive dt. 16.9.2020 itself..
They are also forgetting that a Conscious decision has already been taken by EPFO & MoL&E to grant this benefit of pension revIsion on higher wages to the Superannuated cases too at all levels and now they can't retract from the same now. Even a Div. Bench of Pb & Hr. High Court on 9.7.2019 had said so (reg. Eligibility of retirees & all other pleadings in a 65 page affidavit dt.6.7.2019) and finally EPFO had revised the pension of petitiobers in seven writ petitions and informed the Court.
Even the deteriorating financial position of EPFO may not help them as the pensioners are seeking higher pension as per EPS'95 Scheme only.
That is why, I thought it proper to appraise all concerned officers of MoL&E, ALL CBT Members, EPFO HQ, all ZOs and all ROs besides my pensioner friends/advocates regarding the factual position as per office record so that the latest directive dt. 16.9.2020 may be QUESTIONED BY EVERYONE
So, pl read and make your advocates read the contents of that complaint document dt. 7 12.2020 in the common interest of all pensioners.
EPF95 65LAKH আজ 7YRS ধরে পেনশন বাড়ানোর ব্যাপারে অনেক আনদোলন এবং নানারকম কর্মসূচি নেওয়া হয়েছিল,তা কিন্তু এখনও এক কানাকড়ি বাড়ানো সম্ভব হয় নি■কবে বাড়ানো হবে তা কেউ এখনো পর্যন্ত বলতে পারছে না ■মনে হয় এটা বাড়ানো আদো সম্ভব কিনা?এ ব্যাপারে কারো কোন কিছু যদি মন্তব্য থাকে তবে যেন মন্তব্য রাখে■18.12.20■
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