Fw: Humble request with the kind hearted help for SUO MOTU action on the pendency of cases of EPS-95 pensioners in the Supreme Court and daith of one lakh and seventy five thousand pensioners during this period of pendency.
"Arun Karmore"<avkarmore@rediffmail.com> to you & others
Mon, 18 Jan 2021 18:56:54 GMT+0530
To,
The honorable, the Chief Justice of India,
The Supreme Court of India,
New Delhi 110001.
Subject :- Humble request with the kind hearted help for SUO MOTU action on the pendency of cases of EPS-95 pensioners in the Supreme Court and daith of about one lakh and seventy five thousand pensioners during this period of pendency.
Honorable Sir ,
It is , the most humbly and respectfully , brought to your kind notice that pensioners' situation is very deteriorating because various cases of EPS-95 pensioners are pending in the Supreme Court , since last 3 - 4 years and near about one lakh and seventy five thousand pensioners have died during this period , without getting the justice.
Many of them have died due to insufficient medical facilities and food. Many of the pensioners of age 70-85 years are getting meagre pension of Rs. 700 - 800 /- per month which is not sufficient even for their monthly food and medicine.We used to survive with the help of our son ,daughter or relatives. However, due to the Coronavirus pandemic and subsequent lockdown they have lost their jobs and adversely affecting their business and now they are themselves finding difficult to survive,Sir.
It is also brought to your kind notice sir that all the cases along with the Review Petition No 1430-1431 of 2019 , were listed on 18-01-2021 , before the Court no 4 , however, the honorable Court directed to list them before the appropriate bench and adjourned till 25-01-2021 . The EPFO and Department of Labour , Government of India are hard trying for adjournment the hearing and to deprive the old aged pensioners from their legal rights and therefore, your honour , your SOU MOTU action in this regard is requested , in the interest of justice.
The honorable Supreme Court interpreted the proviso to clause 11(3) of EPS-95 pension scheme , in case of R C Gupta and passed the order on 4-10- 2016 , however , the Employees Provident Fund Organization, EPFO is not following the law declared by the
honorable Supreme Court , in above case of R C Gupta and consequently , there are heaps of cases in the High Courts and in the Supreme Court . These cases of old aged pensioners are required to be decided at the earliest with SUO MOTU action by your honour.
The honorable Kerala High Court delivered the judgement on 12-10-2018 in favour of pensioners and the honorable Supreme Court rejected the appeals of EPFO , against the said order of Kerala High Court , on 1-04- 2019. The EPFO filed a Review Petition No 1430-1431 of 2019 , against this order and the same is pending in the Supreme Court since April 2019.
The Review Petition is generally decided immediately , however, this Review Petition is pending since April 2019 and on the pretext of this , EPFO is not revising the pension of any eligible pensioner and moreover stopped the revised pension of pensioners , without any reason.
Honorable Sir, the conditions of EPS-95 pensioners is very bad and they are facing acute financial problems for their survival in their last phase of life. Therefore, being the cases of very senior citizens, SOU MOTU action is taken and if the cases of EPS-95 pensioners are decided , they will get their legal higher pension , legal rights to food, medicine and life and their last days of life will be something satisfactory.
Prayer : -
Therefore , you are requested to be very kind and sympathetic to issue the appropriate order to decide the cases of EPS-95 pensioners at the earliest ,and with the kind-hearted help of SUO MOTU action to give them the justice.
Hence , Submitted with regards.
Prakash Pathak
General Secretary.
Employees Pension (1995) Co-ordination Committee.
( National Organization).
Mob. 9822936284.
