EPS 95 Higher Pension Supreme Court Final order: My Dear Pensioner friends, Injustice & discrimination to pre-1-9-2014 pensioners

Date:15-11-2022, My Dear Pensioner friends,

Sub:Injustice & discrimination to pre-1-9-2014 pensioners

I have observed that, for last few days since 4-11-2022, all pensioners are trying their best to absorb SC order & underatand is there any benefit to them?

Till today there is confusion & no clarity on applicability & who is eligible,covered & who is not covered & that discussion,debate will continue for few more days.

OK Let that be as it may be, I would like to share my personal views,thoughts & understanding which are as under.

At the outset,I feel that SC of 4-11-2022 has created confusion in the minds of pensioners. Further it has divided pensioners community into two groups- one pre-1-9-2014 & another post-1-9-2014 

I wish to draw your attention to para 44 & Sub para ( iv) & (v) & consider following points

Pensioners from both pre & post 1-9-2014 groups have common factors such as 

1) Both did not exercise option 

2) Both did not contribute EPS contributions on actual salary 

3) Both stopped contributing on attaing age 58

4) Both existed from EPS scheme on age 58 years 

Now in terms of SC order, post 1-9-2014 pensioners are allowed to exercise joint option within 4 months from the date of judgement 

Earlier in year 2017,EPFO had issued IA dated 31-5-2017 divided pensioners community in terms of Exempted & Unexempted establishments. 

Now in present SC order has ended distinction between Exempted & Unexempted establishments 

Now present SC order has once again divided & discriminated into Pre & post 1-9-2014 

It appears that divide & rule is unwritten policy of all concerned authorities

This facility- allowed to exercise option, 4 months time period given post 1-9-2014 pensioners as provisions contained in GSR no 609(E) dated 22-8-2014 legal & valid 

Sub-para (v) has resulted exclusion of vast majority & large number of pensioners who belong to pre1-9-2014 category 

In simple words step motherly treatment is meted out to pre-1-9-2014 pensioners 

This is how SC order has caused injustice & discrimination among pensioners community.

Discrimination on any ground is against spirit of 🇮🇳 Indian constitution

Issue of discrimination needs to be raised suitably, appropriately for protection of pensioners community interest as per legal expert opinion.

This is just for exchange of ideas for further discussion, etc

Let us wait for detailed guidelines,action from EPFO HO & thereafter pensioners associations can initiate action as per legal expert opinion/advice 

Sudhindra(Sudhir)Nanjangud 

EX-ONGC Mumbai 

9969221177