There are 52 such cases (in RO, Chandigarh) wherein pension has been revised but their pension revision arrears have not been released for want of proof of having exercised options under Para 26(6) of EPF Scheme, 1952 and under Para 11(3) of EPS’95. There is one such case relating to a pensioner from my organisation (Haryana Tourism Corporation) too but in this case option under Para 26(6) had been exercised by him; which was duly approved by EPFO in 1989. Earlier, he had received two UNSIGNED communications dt 5.9.2019 & 23.10.2019 for providing copies of said options – replies of which had been suitably drafted by me and submitted justifying his eligibility. Now, he has received another letter dt 4.12.2019. Its reply has also been drafted by me (in detail justifying his eligibility) and the same has been submitted today.
Copy has also been sent to the MoL&E, Secretary (Labour), CPFC & ACC, Chandigarh Zone by email.
The same is being shared with my pensioner friends as I have observed that there are thousands of similar cases across the country and this might be helpful to them for justifying their eligibility and assist the concerned advocates for litigation, in case the concerned pensioners are forced to knock the doors of Courts for justice.
Copy of the email as sent to the MoL&E, Secretary (Labour), CPFC & ACC, Chandigarh Zone today
Subject: Reply – cum - Complaint – cum – Advance notice for violation of Section 166 of IPC and Contempt of the orders dt. 31.3.2016, 12.7.2016 & 4.10.2016 of Hon’ble Supreme court of India on the part of concerned officers of EPFO, Regional Office, Chandigarh
Copy has also been sent to the MoL&E, Secretary (Labour), CPFC & ACC, Chandigarh Zone by email.
The same is being shared with my pensioner friends as I have observed that there are thousands of similar cases across the country and this might be helpful to them for justifying their eligibility and assist the concerned advocates for litigation, in case the concerned pensioners are forced to knock the doors of Courts for justice.
Copy of the email as sent to the MoL&E, Secretary (Labour), CPFC & ACC, Chandigarh Zone today
Subject: Reply – cum - Complaint – cum – Advance notice for violation of Section 166 of IPC and Contempt of the orders dt. 31.3.2016, 12.7.2016 & 4.10.2016 of Hon’ble Supreme court of India on the part of concerned officers of EPFO, Regional Office, Chandigarh
10.12.2019
Dear Sir,
I am an EPS’95 pensioner. After attaining the age of 58 yrs, I retired in July 2009 from an UN-EXEMPTED Establishment. I had also exercised joint option with my employer under Para 26(6) of the EPF Scheme, 1952 during my service span and EPFO Chandigarh had also issued proper sanction. Accordingly, I had been contributing towards PF on actual/higher salary since the launch of EPS’95 and my employer was also contributing equal amount besides paying administrative charges on the said contribution since inception of the Scheme till my retirement.
After receiving HQ directive dt 23.3.2017, EPFO, Chandigarh vide letter dt 10.7.2017 to my employer sought cases of retired employees who were interested for pension revision on higher salary along with joint option under (deleted) Para 11(3) of the EPS’95 (format was also attached with it). My employer had sent my complete case to EPFO along with joint option and all relevant papers as sought by EPFO from time to time.
After establishing my eligibility, RO, Chandigarh sent me a demand notice and in compliance, I deposited the said amount in April 2019. My pension had also been revised but by pension revision arrears were not released simultaneously as done in case of all other similarly placed 1630 pensioners which is a clear breach of trust besides discrimination for “obvious reasons”. My regular follow-up also failed.
I had received UNSIGNED letters from RO, Chandigarh on 5.9.2019 and 23.10.2019 seeking copies of the options under Para 26(6) of EPF Scheme and Para 11(3) of EPS’95, if exercised during my service span. It had also been threatened that in case I fail to provide these documents, I would be considered as ineligible for pension revision. Both the letters had been suitably replied in detail justifying my eligibility in view of issue having already reached finality by the Apex Court in Austin Joseph case, RC Gupta case, approvals of CBT (19.12.2016), MoL&E (16.3.2017) and letter dt. 21.11.2017 of Dr. VP Joy, IAS, the then CPFC issued under his own signatures to the members of CBT, MoL&E and Secretary, Labour GOI through a Status Note on higher pension, according to which I was very much eligible and similarly placed with other pensioners who were considered eligible.
Such an action is a fit case of violation of Section 166 of Indian Penal Code (IPC) as concerned officers of EPFO Chandigarh are knowingly disobeying the directions of the law; intending to cause mental & financial injury to me besides a clear case of Contempt of orders dt. 31.03.2016, 12.07.2016 and 04.10.2016 of the Hon’ble Supreme Court of India.
You are, therefore, requested that in the interest of natural justice, equity and fair play kindly go through my detailed reply-cum– cum - Complaint – cum – Advance notice (attached) for violation of Section 166 of IPC and Contempt of the orders dt. 31.3.2016, 12.7.2016 & 4.10.2016 of Hon’ble Supreme court of India on the part of concerned officers of EPFO, Regional Office, Chandigarh and kindly direct the RPFC, RO, Chandigarh to release my arrears of pension revision and to issue a regular PPO immediately (in lieu of provisional PPO issued to me without any such provision in the EPS’95 Scheme).
Thanking you
Yours faithfully,
(Mukand Madhav Goswami)
PPO No. PB/CHD/xxxxxxxxx
Dear Sir,
I am an EPS’95 pensioner. After attaining the age of 58 yrs, I retired in July 2009 from an UN-EXEMPTED Establishment. I had also exercised joint option with my employer under Para 26(6) of the EPF Scheme, 1952 during my service span and EPFO Chandigarh had also issued proper sanction. Accordingly, I had been contributing towards PF on actual/higher salary since the launch of EPS’95 and my employer was also contributing equal amount besides paying administrative charges on the said contribution since inception of the Scheme till my retirement.
After receiving HQ directive dt 23.3.2017, EPFO, Chandigarh vide letter dt 10.7.2017 to my employer sought cases of retired employees who were interested for pension revision on higher salary along with joint option under (deleted) Para 11(3) of the EPS’95 (format was also attached with it). My employer had sent my complete case to EPFO along with joint option and all relevant papers as sought by EPFO from time to time.
After establishing my eligibility, RO, Chandigarh sent me a demand notice and in compliance, I deposited the said amount in April 2019. My pension had also been revised but by pension revision arrears were not released simultaneously as done in case of all other similarly placed 1630 pensioners which is a clear breach of trust besides discrimination for “obvious reasons”. My regular follow-up also failed.
I had received UNSIGNED letters from RO, Chandigarh on 5.9.2019 and 23.10.2019 seeking copies of the options under Para 26(6) of EPF Scheme and Para 11(3) of EPS’95, if exercised during my service span. It had also been threatened that in case I fail to provide these documents, I would be considered as ineligible for pension revision. Both the letters had been suitably replied in detail justifying my eligibility in view of issue having already reached finality by the Apex Court in Austin Joseph case, RC Gupta case, approvals of CBT (19.12.2016), MoL&E (16.3.2017) and letter dt. 21.11.2017 of Dr. VP Joy, IAS, the then CPFC issued under his own signatures to the members of CBT, MoL&E and Secretary, Labour GOI through a Status Note on higher pension, according to which I was very much eligible and similarly placed with other pensioners who were considered eligible.
Such an action is a fit case of violation of Section 166 of Indian Penal Code (IPC) as concerned officers of EPFO Chandigarh are knowingly disobeying the directions of the law; intending to cause mental & financial injury to me besides a clear case of Contempt of orders dt. 31.03.2016, 12.07.2016 and 04.10.2016 of the Hon’ble Supreme Court of India.
You are, therefore, requested that in the interest of natural justice, equity and fair play kindly go through my detailed reply-cum– cum - Complaint – cum – Advance notice (attached) for violation of Section 166 of IPC and Contempt of the orders dt. 31.3.2016, 12.7.2016 & 4.10.2016 of Hon’ble Supreme court of India on the part of concerned officers of EPFO, Regional Office, Chandigarh and kindly direct the RPFC, RO, Chandigarh to release my arrears of pension revision and to issue a regular PPO immediately (in lieu of provisional PPO issued to me without any such provision in the EPS’95 Scheme).
Thanking you
Yours faithfully,
(Mukand Madhav Goswami)
PPO No. PB/CHD/xxxxxxxxx
Attachments:
1. Reply of letter dt. 4.12.2019 - Pdf file dt 10.12.2019
2. Letters dt. 5.9.2019 (unsigned), 23.10.2019 (unsigned) & 4.12.2019
This information is given by Parveen Kohali Sir for EPS 95 Pensioner
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