EPS 95 HIGHER PENSION CASE NEXT HEARING DATE
On behalf of sixty-five lakhs of pensioners under Employees Pension Scheme 95 who are living hand to mouth with the lowest monthly pension they are getting at the existing precarious financial conditions we submit this Appeal and Plea to the Honorable chief Justice of India. At the same time we may kindly be excused and pardoned for approaching the Honorable chief Justice directly and encroaching upon the precious, valuable time of the Honorable chief Justice but we have no other option except to do so as we, Pensioners who are getting monthly pension below ₹1000/ are financially, economically very very poor and could not afford to meet legal expenses existing in the country. Also submit that at this juncture it is impossible for the Pensioners who are already crossed 75 years to go to New Delhi and present the case.
It is submitted that nearly fifty percent of pensioners are getting monthly pension below₹900/and forty percent are getting monthly pension below₹1700/ and the remaining ten percent are getting monthly pension above ₹1700/.
In this context it is submitted that the Honourable Supreme Court Bench headed by the then Honorable chief Justice of India Sri Ranjan Gogoi has ordered for payment of heigher Pension to all Pensioners irrespective of Establishment in a case R C Gupta and others under SLP(C) No 33032-33033 of 2015 but the Government of India and EPFO officials have searched and researched the judgement and filed writ petitions against the judgement.
It is further submitted that all Honorable High'Courts in the country have also pronounced judgements in favour of the Pensioners and directed EPFO officials to implement the judgement given in the RC Gupta and others case under SLP (C) No 33032-33033 but the Government and official of EPFO have searched and researched and filed writ petition against the judgements in the Honorable Supreme Court and the same pending for disposal and final judgement by the Honorable chief Justice of India.
It is fact that the same are pending for disposal and final judgement for the last two years. We may kindly be permitted to bring to the kind notice of the Honorable chief Justice of India that the lakhs of pensioners who are already crossed 75 years of age are ready to retire from life permanently and they may not be in a position to get the benefits of the judgement if pronounced at later stage.
Respected Honorable chief Justice , keeping in view of the sufferings, strugglings, precarious financial and economic conditions of the lakhs of pensioners we submitted Appeal and Plea to the Honorable chief Justice of India through representations which the Honorable Supreme Court has accepted as Public Interest Litigation and given Diary No29891/SCI/PIL(E)/2020 & No 65945/SCI/PIL(E)/2020 & 68016/SCI/PIL(E)/2020 by the Honorable Supreme Court.
On behalf of the sixty-five lakhs Pensioners in the country who are about to retire from life Humbly and respectfully request, appeal, urges the Honorable chief Justice of India that necessary instructions, directions, advises, guide lines may kindly be issued to the Officials of the Employees Provident Fund Organisation to immediately implement the order pronounced by the Honorable Supreme Court in judgement given in R C Gupta and others under SLP (C) No 33032-33033 and fixeup heigher Pension to all Pensioners irrespective of the Establishment they belong to.
We may kindly be permitted to bring to the kind notice of the Honorable chief Justice of India that no stay has been made against the judgement or verdict on the said SLP .We also respectfully pleads and urges the Honorable Supreme Court that for balancing the equities among the Pensioners and EPFO that the benefits of Employees Pension Scheme 95 may be provisionally conferred upon the Pensioners and all benefits remain alive or subsist only till a conclusive verdict against the Pensioners becomes and if any adversarial decision or verdict goes against the Pensioners the EPFO can realise excess payment, if any, EPFO can prosecute any Pensioner for default.
Also pleads and urges the Honorable chief Justice of India to fixeup time bound programme i.e stipulation of definate date for implementation to the officials of EPFO to implement the judgement Kindly save the lives of lakhs of pensioners under Employees Pension Scheme 95 other wise all Pensioners will retire from life without getting any benefit from the judgement pronounced in the RC Gupta and others under the said SLP With great hope and trust that we will get justice.
Submitted by
(P.Ravindranath)
President
To
The Honorable chief Justice of India, Supreme Court, New Delhi.
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Lot of points more to be adduced so that the crux of the grievance is put up in the proper perspective and in the lime light. (1) We have contributed to the pension right from 1971 as FPS which was later merged with the 1995 EPF scheme. So many employee contributed for 30 years or more. (2) Several judgement of Apex court clearly directed for enhancement and also opined the pension is not a bounty and the retired employee are not to be at the mercy of their employer or government. But it is their right for their service recognition. (3) All the State govt are considering to give rs.1000/= or 2000/= to the poor people as their Old Age Pension, Widow pension etc etc. having no person to protect them , with the good idea that they shoud not depend upon their children and to live honourably during their sunset years in spite of the fact that these people have not contributed for Pension scheme. (4) The EPF Authorities themselves had issued orders for higher pension basing on their Pay and Allownces at the time of retirement instead of the irrational slab fixed as 5000/= ;6500/= ,15000/=( but actual salary)Which was over powered and prevailed upon by the Ministry , Govt of India to rescind the orders, to the dismay of the 65 lakhs pensioners. Such points are to be incorporated so that the CJI can apprise the sordid state of Govt handling the case.(Mayavaram sv Balu 30/12/2020)
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