EPS 95 Pensioners Writ Petitions were listed today (6 February 2020) before the Hon'ble SC Court No 12 item no 1.
Supreme Court Judgement Copy Search Below
At the very outset the Ld Attorney General Mr. K K Venugopal made a submission objecting to the hearing of the Writ Petitions today and submitted that the Contempt and Writ Petitions must be made subject to the Review Petition of EPFO and SLP of Union of India filed against the Kerala High Court judgment which are being heard before an alternative bench comprising of three judges and are not listed today before the Court. He further submitted that if the RC Gupta judgment was followed it would result a loss of Rs. 15 lacs crore to the Government.
While Justice Kaul was willing to hear the matter on merits with an open mind, Justice KM Joseph adopted a very negative stand and did not agree with the directions given in RC Gupta's case. According to him the SLP by Union of India and Review by EPFO against the Kerala HC Judgment need to be decided to finally settle the dispute given that Government of India may suffer huge financial loss.
On behalf of the Petitioners Mr. Vikas Singh Sr Adv, Mr. Nidhesh Gupta Sr Adv, Mr. Basva Prabhu Patil Sr Adv argued and opposed the claims of the Government of India specially the astronomically high figure of Rs. 15 lac crore. The Court was informed that over 140 judgments have been rendered on this issue in favour of the Petitioners yet for reasons best known the Government has adopted a peace method of giving benefit of higher pension and higher actual salary.
The Court however seemed to be influenced by the submissions of Attorney General and has directed that the Contempt Petition and the batch of Writ Petition will be listed along with review and SLP of Union of India/EPFO before the 3 judge alternative bench. The Court further stated that the outcome Review/SLP shall have direct bearing on Contempt/Writ Petitions. The Court has also asked for segregation of cases as per facts and that the Petitions will be taken on a case by case basis.
You are therefore informed that our matter has now been directed to be listed along with the Review/SLP filed by EPFO/Union.
The Government/EPFO will be coming hammer and tongs to get around the RC Gupta judgment and undo the benefits granted by HCs/ SC to similarly placed retired employees.
The next date shall be very crucial in deciding the fate of lacs of my life employees with respect to exercising the right to contribute on higher salary and higher pension.
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