I am confident that Honble' Supreme court verdict expected on 2.5.2019 will bring in more clarity and reprieve to pensioners so that EPFO gives in. In this context I wish to submit to the Ld. Advocates who are fighting tooth and nail for our cause to kindly ensure in their petitions/arguments including but not limited to the following requests:
1.Exempted/un-exempted organisations are on same platform
2.Clear cut ruling as to people who retired on or before 1.9.2014 are covered for enhanced pension
3.The differential amount payable to EPFO is without interest specifically(taking cue from MP, Indore High Court). If interest is included then it should not be more than 6% which Madras High court has observed on simple interest basis.
4.If the amount due from Pensioner is less than arrears, then EPFO should adjust the amount due from Pensioner and pay the net amount to pensioner. This will ease the hassle of recovery and paying which will create problem for the pensioners at their concluding part of their lives!.
5.If the amount of differential is more than the arrears dues then EPFO should call for the net amount from Pensioners.
4.EPFO should send the calculation sheet to pensioners of EPS95 for necessary compliance within a month of the order.
5. Effective date of payment of arrears from EPFO should be made clear
6.Effective date of enhanced pension should be within 3 months from the date of the order.
7.Minimum amount of Pension to EPS95
7.Minimum Pension should be considered at Rs.10000/- or pension whichever is higher and should be linked with DA etc every year.
I do hope I have covered the points of concern of EPS 95 Pensioners.If any issue is left out kindly add them in comments for our Ld Advocates to consider in their arguments.
22nd April 2019 From India, Tiruchirappalli
HON'BLE SUPREME COURT RATIFYING KERALAI HIGH COURT ORDER DATED 1210.18 DISMISSING SLP (CIVIL) Diary No.9610/2019 of EPFO
SLP D.9610/19
1
ITEM NO.33 COURT NO.1 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No.9610/2019
(Arising out of impugned final judgment and order dated 12-10-2018 in WPC No. 602/2015 12-10-2018 in WPC No.13120/2015 passed by the High Court of Kerala at Ernakulam)
THE EMPLOYEES PROVIDENT FUND ORGANISATION & ANR. Petitioner(s)
VERSUS
SUNIL KUMAR B & ORS. Respondent(s)
(With appln.(s) for c/delay in filing SLP, exemption from filing c/c of the impugned judgment and interim relief)
Date : 01-04-2019 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE SANJIV KHANNA
For Petitioner(s) Mr. Keshav Mohan, Adv.
Mr. Prashant Kumar, Adv. Mr. Rishi K. Awasthi, Adv. Mr. Santosh Kumar - I, AOR
For Respondent(s) Mr. Nishe Rajen Shonker, AOR
Mr. Anu K. Joy, Adv. Mr. Alam Anvar, Adv.
Dr. K.P. Kylasanatha Pillay, Sr. Adv. Mr. A. Venayagam Balan, AOR Mr. V.S. Lakshmi, Adv.
Mr. Roy Abraham, Adv. Ms. Seema Jain, Adv. Mr. Himinder Lal, Adv.
Mr. E.M.S. Anam, Adv.
Signature Not Verified Digitally CHETAN signed KUMAR by UPON hearing the counsel the Court made the following Date: 19:08:45 2019.04.01 IST Reason:
O R D E R
Heard learned counsel for the petitioners and
perused the relevant material.
WWW.LIVELAW.IN
WWW.LIVELAW.IN
SLP D.9610/19
2
Delay condoned.
We find no merit in the special leave petition. The
same is, accordingly, dismissed.
Pending application(s), if any, stand disposed of.
(Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master
22nd April 2019 From India, Tiruchirappalli
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