Delhi High Court – Orders dt. 30.7.2019
Ajay Chandra vs EPFO & other connected matters
Ajay Chandra vs EPFO & other connected matters
W.P.(C) 6526/2017 & CM APPLN.38578/2017, 3379/2018 & 7934/2018, W.P.(C) 8312/2017 & CM APPLN. 34188/2017 & 34189/2017, W.P.(C) 13758/2018 ,W.P.(C) 3730/2018, W.P.(C) 4139/2018, W.P.(C) 5302/2018 & CM APPLN.24530/2019,W.P.(C) 8927/2018 & CM APPLN.10427/2019, W.P.(C) 2669/2019 & CM APPLN.12362/2019, W.P.(C) 3645/2019, W.P.(C) 4807/2019 & CM APPLN.21385/2019 W.P.(C) 8937/2017, W.P.(C) 8989/2017, W.P.(C) 9650/2017, W.P.(C) 11400/2017, W.P.(C) 10564/2017, W.P.(C) 10985/2017 & CM APPLN.45908/2017 & 46936/2018, W.P.(C) 99/2018, W.P.(C) 1089/2018 & CM APPLN.48440/2018, W.P.(C) 1268/2018, W.P.(C) 1298/2018 and W.P.(C)7095/2019
1. Learned counsel for the petitioner submits that this case is squarely covered by the recent judgment of the Division Bench in W.P.(C)5678/2018 on 22nd May, 2019. It is submitted that the Division Bench quashed the circular dated 31st May, 2017 and passed the following directions:
“40. We, thus, allow the present petitions and quash the circular dated 31.05.2017. We hold that the petitioners would be entitled to higher monthly pension on the basis of their contributions on the actual salary, without any cutoff date and de hors the ceiling limit. We deem it fit to pass the following directions to resolve the issues as expeditiously as possible:
i. The petitioners being employees of the exempted establishment would be entitled to the benefit of enhanced pension on the basis of their contribution to the provident fund on the actual salaries received by them.
ii. The EPFO is at liberty to seek return of the higher provident fund contribution received by the petitioners with simple interest at the rate of 6% p.a. from the date of receipt of provident fund amount till the date of payment.
iii. The respondent Nos. 4 and 5 are directed to cooperate with the EPFO and render all assistance in quantifying the amount to be refunded by each of the petitioners, with interest @ 6% p.a. on such return. The Trust has already remitted 8.33% of the contribution of the petitioners on the ceiling amount. The balance corpus comprising of the remaining contributions on the actual salary @ 8.33% would be transferred by the Trust to the Pension Fund of the EPFO with all gains and the interest accrued so far.
iv. On refund of the above-mentioned amounts, the EPFO shall calculate and disburse enhanced pension to the petitioners on the basis of the actual salaries. The arrears of pension falling due to the petitioners from the date of their respective retirement will be cleared by the EPFO and the EPFO shall continue to pay the monthly pension henceforth at the enhanced rates.
v. The entire exercise shall be completed by respondent no.4 and 5 and the EPFO within a period of six months from the date of receipt of a copy of this order.
41. The above writ petition is thus allowed on the above terms and directions with no order as to costs.”
2. Arguments partly heard. 3. List for continuation of the arguments on 09th August, 2019 at 2.30 P.M.
J.R. MIDHA, J.
JULY 30, 2019
“40. We, thus, allow the present petitions and quash the circular dated 31.05.2017. We hold that the petitioners would be entitled to higher monthly pension on the basis of their contributions on the actual salary, without any cutoff date and de hors the ceiling limit. We deem it fit to pass the following directions to resolve the issues as expeditiously as possible:
i. The petitioners being employees of the exempted establishment would be entitled to the benefit of enhanced pension on the basis of their contribution to the provident fund on the actual salaries received by them.
ii. The EPFO is at liberty to seek return of the higher provident fund contribution received by the petitioners with simple interest at the rate of 6% p.a. from the date of receipt of provident fund amount till the date of payment.
iii. The respondent Nos. 4 and 5 are directed to cooperate with the EPFO and render all assistance in quantifying the amount to be refunded by each of the petitioners, with interest @ 6% p.a. on such return. The Trust has already remitted 8.33% of the contribution of the petitioners on the ceiling amount. The balance corpus comprising of the remaining contributions on the actual salary @ 8.33% would be transferred by the Trust to the Pension Fund of the EPFO with all gains and the interest accrued so far.
iv. On refund of the above-mentioned amounts, the EPFO shall calculate and disburse enhanced pension to the petitioners on the basis of the actual salaries. The arrears of pension falling due to the petitioners from the date of their respective retirement will be cleared by the EPFO and the EPFO shall continue to pay the monthly pension henceforth at the enhanced rates.
v. The entire exercise shall be completed by respondent no.4 and 5 and the EPFO within a period of six months from the date of receipt of a copy of this order.
41. The above writ petition is thus allowed on the above terms and directions with no order as to costs.”
2. Arguments partly heard. 3. List for continuation of the arguments on 09th August, 2019 at 2.30 P.M.
J.R. MIDHA, J.
JULY 30, 2019
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