ADDITIONAL AFFIDAVIT ON BEHALF OF THE PETITIONERS -EPS 95 Pensioners in Supreme Court of India

 ADDITIONAL AFFIDAVIT ON BEHALF OF THE PETITIONERS -EPS 95 Pensioners in Supreme Court of India

IN THE MATTER OF: Prakash Madhukar Pathak & Ors. . .. Petitioners Versus Union of India & Ors. .

 .. Respondents ADDITIONAL AFFIDAVIT ON BEHALF OF THE PETITIONERS I, Suresh Achyut Kshirsagar, Age 62 years, 7Al, Kushtdham Road, Shreyas Colony, Savedi, Ahmednagar-414003, Maharashtra, do hereby solemnly affirm state as under: 1. That I am the Petitioner No. 70 in the above said matter having gone through relevant record in the present case, fully conversant with the facts thereof and therefore, competent to swear present clitional Affidavit and on behalf of other Petitioners also. I reserved my right to file detail Additional Affidavit in the pending matter as and 304 ' when required with the permission of this Hon'ble Court. 2. 

I say that I have already taken substantial facts and grounds in the pending Writ Petition and the same may be treated as a part and parcel of the present Additional Affidavit. I repeat, reiterate and confirm the said averments and contentions raised by me in the pending Writ Petition as correct and pray that the same may be treated as forming part hereof and duly incorporated herein to avoid unnecessary repetition.

 3. The abovesaid Writ Petition was listed before this Hon Court on 23.07.2021 in which this Hon Court was pleased to grant liberty to the Petitioners to file Additional Affidavit making the position clear as to issues to press before this Hon Court by way of present Writ Petition.  That arising out of EPS 1995 Scheme, several litigation have been pending before this Hon 'ble ,Ji f,f Court at the edge of final adjudication. Apart from l:ff the other legal grounds which were already taken ·

(xiii) issue writ of mandamus or any other appropriate t, order or direction to declare and hold that Para 26(6) of PF scheme correspond with enrolment of employee to membership of PF of EPS 95 under Para 6; 310 (xiv) issue writ of mandamus or any other appropriate writ order or direction to declare and hold that ' Para 26(6) of PF scheme correspond with employee's contribution to PF and not with employer's contribution to PF, therefore not relevant in Para 3(1) of EPS 95 where, employer's contribution is only relevant; (xv) issue writ of mandamus or any other appropriate writ, order or direction to declare and hold that Section 6 and 6A of the Act, Para 29 of PF Scheme or Paras 3 and 6 of EPS 95 do not contemplate permission under Para 26(6) after retirement as (xvi) not relevant and as not demanded while employee was in service; issue writ of mandamus or any other appropriate writ, order or direction to declare and hold that directions to seek return of amount are intended establishment as are applied by EPFO; 

311 (xvii) issue writ of mandamus or any other appropriate writ, order or direction to declare and hold that EPFO is bound by guarantee under Para 16A of EPS 95 to allow higher pension under the proviso to Para 11 (3) despite employer evaded to pay contribution under Para 3( 1) of EPS 95 especially when employees are willing to return amount; (xviii) issue writ of mandamus or any other appropriate writ, order or direction to declare and hold that EPFO is liable to pay interest on total arrears payable to employee from the date payable if EPFO charge interest on amount receivable from employees else EPFO should forgo interest if not paid to employees; (xix) issue writ of mandamus or any other appropriate writ, order or direction to declare and hold that valuation under Para 32(1) is for altering or amending EPS 95 for enhancing benefits where permission of pension fund under Para 32(2) is 312 I, 

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 (xx) issue writ of mandamus or any other appropriate writ, order or direction to direct EPFO to correct and rectify circular dated 23.03.2017 as to read adjustment of accounts as to apply to all employees irrespective their establishments and in service or retired and to apply directions to seek return of amount to retired employees irrespective of establishments as was intended by this Hon'ble Court; (xxi) issue writ of mandamus or any other appropriate writ, order or direction to direct EPFO to withdraw Notification No. 609(3) dated 22.8.2014 and circular dated 29.08.2014 flowing from it not surviving because ultra vi.res Section 6A (7) and 7(2) of the Act and Para 32 (2) of EPS 95 (' manipulating meaning of them as to design amendment to ESP 95 to snatch away pension on salary exceeding ceiling, and to reduce basic 313 and 21 of the Constitution of India.

 6. That the Petitioners filing present Additional Affidavit only to bring additional facts on record for the purpose of adjudication in the present subject matter. 7. Certified that no new facts have been pleaded in this Additional-Affidavit contrary to relevant DEPONENT Verified at Ahmednagar today on this the 9 th day of August, 2021 that the contents of Paragraphs 1 to 7 of my above Affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.

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