Dear EPS 95 Pensioners Friends,
As per a message received who had filed a very elaborate CWP No 4218 of 2020 (wherein the Actuary as well as CBI were also made respondents) before the Hon'ble HP High Court, Shimla which is being shared as under as under: -
In a major development, on 27.7.2021, Hon'ble HP High Court in LPA No. 46 of 2021 in CWP 4218 of 2020 titled RPFC Vs RANJIV PAUL & OTHERS, has ordered that all the cases involving EPS’ 95 cases [CWPs No.2222 of 2018, 466 of 2019, 732, 780, 20 of 2018, CWPOA 5176 of 2020, 5216, 5305, 5306 of 2020, OA No.6061 of 2018, CWPOA No.5375, 5411, 5415, 5579, 5425, 5596 of 2020, OA No. 7052, 6636, 7035 of 2018, CWP No.1510 of 2016, CWPOA No.7450 of 2019, CWPOA No.7569 of 2019, CWPOA No.5292 of 2020, CWPOA No.5338 of 2020, CWP No.409 of 2019, CWP No.1045 of 2019, 1971, 3090, 2730, 3765, 3761, 2858, 4096, 4097, 4098 of 2019, CWP No. 212 of 2020, 844, 3175, 3390, 3390, 3492, 4086, 4087, 4218, 3881, 3784 of 2020, CWP No.4346 of 2019, CWP No.4338 of 2020, 3592, 2195, 4727, 5830, 6129 of 2020, CWP No.304 of 2021, 228, 320, 468, 2472 of 2021, Execution Petition No.4 of 2021 and LPA No.46 of 2021 on 17.08.2021] be listed on 17-08-2021 along with the aforesaid LPA
It's important to note that Lok Adalat (Nidhi Apke Nikat) of RPFC, EPFO, Shimla had decided the matter on 11-06-2018 (Copy attached), the brief extracts from the same are being reproduced for ready reference as under:
"Keeping in view of the above, all officer(s) are of the view that all the pension cases in which, existing members as on 1-09-2014 is contributing over and above the statutory ceiling limit with or without exercising the joint option of employee & employer, their pension case should be considered on higher wages exceeding the wage limit as per the order of the Apex Court and circular(s) issued by Head office
Accordingly, considering the submission of the members attended the “NIDHI APKE NIKAT” programme, Regional P. F. Commissioner(I) is of the view that due to non-settlement of pension case of the eligible members in light of Supreme Court order dated 4.10.2016 has not only put the concerned members to inconvenience but may also amount to disobedience of instructions as pointed out in the circular dated 8-06-2018 point No.4(viii) and has been directed to settle the pension case(s) on higher wages in the light of the above mentioned judgment and circular dated 08-06-2018 and follow the instruction in true spirit given in point no.5 of the circular.”
Further informed that:
- Hon'ble high court of HP on 7-04-2021 had ordered in CWP 4218 of 2020 to implement theabove order of LOK ADALAT.
- It had further rejected the plea of RPFC and ordered on 3-5-21 to implement the order of LOK ADALAT.
- RPFC had filed LPA before the division bench and had obtained a stay on 10-5-21.
- This LOK ADALAT ORDER of RPFC is applicable to all similarly placed persons.
- Since, all the cases have been tagged with this LPA, the decision of this LPA will beapplicable to all tagged matters.
- It's worthwhile to mention here that order of LOK ADALAT of RPFC are irrevocable, since this is the order of RPFC grievance redressal mechanism.
- There is every likely hood that we will be victorious in this case.
An appeal to all the litigants reg EPS’95 at HP High Court, Shimla in the common interest of all
In respect of all other cases, the Hon’ble HP High Court had earlier ordered that “Supreme Court is seized of the matter in Special Leave Appeal (C) No(s). 8658-8659/2019, therefore, we deem it proper to adjourn the matter sine die.
However, the parties are directed to get the same revived by filing a mention memo. Now, since all the EPS’95 cases in HP High Court which had earlier been adjourned sine die have now been tagged with LPA no. 46 of 2021 and ordered to list these for hearing on 17.8.2021, it will be appropriate in the common interest of all petitioners of aforesaid tagged cases to contact Mr. Ranjiv Paul at Mobile no. 9816 46 8289 to chalk out a common strategy to fight these cases jointly in getting the above order dt. 11.6.2018 of EPFO’s “Lok Adalat/ Nidhi Apke Nikat” implemented.
For ready reference of EPS’95 pensioners, following documents are also being shared:
1. Decision of Lok Adalat of EPFO dt. 11.6.2018
2. Orders of HP High Court dt 7.4.2021
3. Orders of HP High Court dt 3.5.2021
4. Orders of HP High Court dt 10.5.2021
5. Orders of HP High Court dt 27.7.2021
6. Copy of WP 4218 of 2020 with Annexures
Click here to Download All Copies Orders of HP High Court
Credit for this ready information to Parveen Kohl
Posts
0 Comments