Dear All EPS 95 Pensioners,
Discriminatory & unlawful attitude EPFO
As you all know, EPFO had been differentiating the pensioners on the basis of Exempted & Unexempted; Retirees; Pre 1.9.2014 and Post 1.9.2014; Retired and Serving etc and now a new criteria has been introduced by EPFO Chandigarh i.e. Petitioners & Non-Petitioners.
A large number of cases are going on at the Punjab & Haryana High Court, Chandigarh and out of those, they have picked up SEVEN Writ Petitions (as under - ALL UNEXEMPTED) wherein they had filed affidavits from time to time submitting status reports of the cases reg. grant of benefit of Pension Revision on the basis of RC Gupta case & EPFO HQ Letter dt. 23.3.2017:
1. CWP no. 18756 of 2011
2. CWP no. 18546 of 2012
3. CWP no. 1714 of 2015
4. CWP no. 18073 of 2015
5. CWP no. 20625 of 2016
6. CWP no. 6660 of 2017
7. CWP no. 9316 of 2017
EPFO Chandigarh had filed an affidavit on 9.7.2019 wherein it was mentioned that due to inadvertent mistake and misinterpretation of the judgment of Supreme Court in RC Gupta case and circular dt. 23.3.2017, many ineligible cases were also settled. It was also mentioned that the pension on the basis of higher wages can be granted only to the employees whose cases are squarely covered by the judgment and department wants to take remedial measures. However, the Hon’ble Court rejected the stand of the EPFO and ordered that in view of the undertaking given before the Hon’ble Court earlier, the EPFO cannot be permitted to retract from their stand and no remedial steps can be allowed to be taken.
As you all know, EPFO had been differentiating the pensioners on the basis of Exempted & Unexempted; Retirees; Pre 1.9.2014 and Post 1.9.2014; Retired and Serving etc and now a new criteria has been introduced by EPFO Chandigarh i.e. Petitioners & Non-Petitioners.
A large number of cases are going on at the Punjab & Haryana High Court, Chandigarh and out of those, they have picked up SEVEN Writ Petitions (as under - ALL UNEXEMPTED) wherein they had filed affidavits from time to time submitting status reports of the cases reg. grant of benefit of Pension Revision on the basis of RC Gupta case & EPFO HQ Letter dt. 23.3.2017:
1. CWP no. 18756 of 2011
2. CWP no. 18546 of 2012
3. CWP no. 1714 of 2015
4. CWP no. 18073 of 2015
5. CWP no. 20625 of 2016
6. CWP no. 6660 of 2017
7. CWP no. 9316 of 2017
EPFO Chandigarh had filed an affidavit on 9.7.2019 wherein it was mentioned that due to inadvertent mistake and misinterpretation of the judgment of Supreme Court in RC Gupta case and circular dt. 23.3.2017, many ineligible cases were also settled. It was also mentioned that the pension on the basis of higher wages can be granted only to the employees whose cases are squarely covered by the judgment and department wants to take remedial measures. However, the Hon’ble Court rejected the stand of the EPFO and ordered that in view of the undertaking given before the Hon’ble Court earlier, the EPFO cannot be permitted to retract from their stand and no remedial steps can be allowed to be taken.
In view of above, the EPFO Head Office vide letter dt. 17.7.2019 has advised EPFO Chandigarh to comply with the directions of the Hon’ble Court without prejudice to EPFO’s right to challenge the order at appropriate legal forum. Accordingly, EPFO Chandigarh has initiated further action in r/o PETITIONERS OF ABOVE SEVEN WRIT PETITIONS ONLY
All the information is compile by Praveen Kohali Sir for EPS 95 Pensioners
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