EPS 95 Pension Cases Hearing News 10.8.2022: Dear friends post-lunch Proceedings before the Hon'ble Supreme Court resumed exactly at 2 PM with Mr.Shankar Narayan Pensioners' lawyer resuming the charge. Mr.Shankar Narayan read the proceedings of CBT which approved higher pension and GOI, and also mention that decision is still not reversed.
At this fag end of life average pension of pensioners comes to around Rs 1392. He also mentioned that percentage of pensioners who are coming under the category of higher ceiling limit is very less and gave authentic data also to substantiate his point. Mr. Shankaran Narayan mentioned that around 24,600 numbers are amended pension receivers and their old pension expenditure was around Rs. Five crores which now comes to around Rs15 Crore and at the present average monthly pension in higher brackets difference comes around Rs 9,000 which is far away from the monthly pension data of exaggerated Rs.1 lakh 37 thousand per month figure given by EOFO.
Friends due to audible problems data mentioned here may differ from what actually mentioned in the court. Mr. Shankar Narayan mentioned before the Hon'ble court that all administrative and legal expenses were borne out of Corpus which belongs to pensioners and simultaneously earning hundreds of Crores of rupees on the account of inspection charges of exempted trust whereas pensions are only paid through the portion of the interest earned on this Corpus and not even a single penny is touched out of base Corpus which is increasing gradually.
One can not rely on an actuarial report done by the Pvt party on the basis of those pensioners whose pensions comes on the higher bracket.
Mr.Padmanabhan also argued on behalf of Nelco pensioners and by quoting the relevant section of the Act spoke that there can not be any discrimination between exempted and Non exempted trust pensioners. Mr. Bhatnagar another lawyer brought flaws of 22.8.2014 amendments before court citing the example of A and B employees joining on the same day and same post and B being younger and also contributing more with the longevity of service period will receive less pension which is not at all justified.
Another learned lawyer said that option of pensioners on higher salary was denied by EPFO even up to the date of their retirement day and moreover the circular of cut-off date was not given proper publicity. He also mentioned a figure of around Rs 40,000 crore as a surplus fund lying with EPFO.
Another learned lawyer cited the relevance of Article 21 of the constitution and also cited the Hon'ble Supreme Court's earlier Judgement that pension is not a bounty but it is for giving dignified life at the fag end of the life. It has also been mentioned that under section 26(6) of the Act everyone by virtue applied for option and as it is not required even as per section 11(3). The only question is the remittance of funds and now pensioners are willing to remit it along with interest.
Pensioners' time is now over and tomorrow EPFO/GOI lawyers will give their submission. Friends undersigned tried its best to give the account of proceedings before the Hon'ble Supreme court despite facing an audible problem. One thing undersigned as per observation can say the Bench of judges is very open and receptive and had understood the law point with regard to pensioners interest and with the blessings of we can hope justice despite the fact that no one can predict and read the mind of Hon'ble judges.With Best Wishes.Hope for the best.
JS.Duggal General Secretary BKNK Sangh.
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