EPS 95 scheme benefit to the employees worked in exempted establishments prior to 31.08.2014

Whether the benefit of higher pension under the Hon'ble Supreme Court judgment in RC Gupta case be availed by the retirees during the period from 16.3.1996 to 31.8.2014 who worked in EXEMPTED establishment; the EPFO, New Delhi have issued circular 31.5.2017 holding such retirees are not eligible for higher pension. Kindly clarify.