Is It Fair to Deny Pension After 20 Years of Teaching Due to Late EPFO Registration?

My mother joined as a teacher at Sainik School Bikaner in 1989. This school was merged with Army School Bikaner in 1991, and Army Public School was created. The school then registered with EPFO in 1994, and employees were registered as well. When my mother retired in 2005, her pension was denied as her membership was only nine years and four months. When we complained to EPFO about why the school had not registered earlier, the school was given the benefit of the infancy period before registering with EPFO.

Is this a correct policy? A teacher is denied a pension even after working for more than 20 years in an institute. I believe that since the management of both Army School Bikaner and Sainik School Bikaner was the same, they should be held accountable somewhere. My mother passed away in 2013, but I am still pursuing the matter. Please guide me.

After the change in school, did your mother receive another appointment letter, or did they continue on the same contract? If she was under the same appointment letter, she can easily claim PF.

Additionally, if in 1991, the number of employees in the school was 20 or more, they were required to register. If they did not, you can file a case with the EPF Tribunal under section 7-A(1).

Alternatively, you can approach the high court with a writ under article 226 in conjunction with article 21.

For detailed information on the law, please visit: http://www.shramsamadhan.com/

Jyoti,

You did not lose anything actually. Since your mother has not completed 10 years as a member of the EPFO, the entire amount that stands to her credit (both employee deduction and employer's contribution) will be returned to the employee. If she had completed 10 years, then only 3.66% would come to her, and the balance would go to the fund to pay for the pension.