25 August 2021

some Advocates who are defending Pensioners in the Apex Court

some Advocates who are defending Pensioners in the Apex Court



Copy of GSR 134 dt 28.02.1996 has been forwarded today to all the Senior Advocates, AORs and some Advocates who are defending Pensioners in the Apex Court. Text of the letter is being shared for the information of my pensioner friends.

24.08.2021

Dear Sir(s),

Namaskar!!

Large numbers of requests have been received by me during the last few days from many Advocates & Pensioners for providing them a copy of GSR 134 dt 28.02.1996, if available, as they could not find the same anywhere. The same had been provided there & then.


Initially, I too failed to find the same despite my best efforts by searching from the websites of various concerned public authorities including EPFO HQ & MoL&E.  Then I followed the RTI route and finally MoL&E provided me with a copy vide its letter dt 05.10.2017 in reply to my RTI application no. MLABE/R/2017/51246 dt 24.09.2017 wherein they also stated that “the notification was not readily traceable, therefore the same was brought from Central Secretariat Library”.  

Since this GSR 134 dt. 28.02.1996 will be one of the main bones of contention before the 3-Judge Bench in the Hon'ble Apex Court, I am sharing the same for your ready reference.  Through this GSR, following proviso had been added to Para 11(3) of EPS 1995 Scheme which says that:


“if at the option of the employer and employee, contribution paid on salary exceeding Rs. 5,000 per month from the date of commencement of this Scheme or from the date salary exceeds Rs. 5000 whichever is later and 8.33 per cent share of employers thereof is remitted into Pension Fund, pensionable salary shall be based on such higher salary” 


If you require any other document relating to EPS pension matter, please just send a message and the document, if available, will be immediately shared.  I have procured large number of relevant documents from MoL&E as well as EPFO (Head Office and all Zonal/ Regional Offices of EPFO across India) through RTI mode in reply to my RTI applications (around 4000) in the last more than 4 years and have been sharing such procured authentic documents amongst pensioners/ serving employees/ advocates etc from time to time as my FREE SEWA.


Some other related documents regarding Para 11(3) are also being shared.

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