EPF Pension Cases: Message received from our Advocate-on-Record Sh. Purushottam Sharma Tripathi Ji

Please note that the Hon'ble Supreme Court has delivered the judgment in the EPS batch cases. The Courts have allowed the Writ PEtitions on the one hand and dismissed the EPFO and Government Of India Appeal on the other. 

1. The Court held that the Pensioners right to receive enhanced pension is constitutionally and legally protected and guaranteed.

2. Before Amendment of 2014 they had the right to receive enhanced pension in exercise of option under paragraph 11 (3) and post Amendment they will continue to have the right to exercise joint option under paragraph 11(4) of the EPS Scheme.

3. The cut of date imposed in the 2014 Amendment and Circulars are illegal and bad in law. Hnee any member of the PEnsion Scheme can exercise their option without reference of cut off date during his membership tenure.

4. There is no difference between Exempted and unexempted establishments for the purpose of Pension and enhanced pension extension. 

However the relief to be given are as under: 

1. All Pensioners who retired before 2014 Amendment without exercising their joint option will not be eligible for enhanced pension as they exited the PEnsion Scheme without giving the option. 

2. All Pensioners who retired before 2014 Amendment after exercising their option to receive higher pension but the same being rejected or un processed will be entitled to receive higher pension.

3. All Members who continue in service after 2014 are given extension of 4 months time to exercise their joint option to enable the same to be process by the EPFO. 

4. Locus of EPFO to maintain the SLP will be decided later by the Court. 

6. The Court has granted Moratorium on quashing of the 2014 Amendment till the next 6 months to enable EPFO to do necessary computation and request refund of Provident fund amount from the pensioners who seek enhanced pension.

I suggest that all member pensioners who retired prior to 2014 without exercising joint option to consider moving appropriate Application/Writ Petition before the Hon'ble Supreme Court to get extension of benefit as has been given to others. Else it will be a case of "OPERATION SUCCESSFUL PATIENT DEAD" for them . 

Warm Regards