This Judgement has number of flaws. Seems to be a dictated one by EPFO.
- 1. When Union Government accepted one Rank one Pension for Armed Forces
- 2. Uniform and one Pension for all Central Government Employees
- 3. When Central Government Employees Pension is linked with DA
- 4. When Central Government Servants get enhanced pension at par with regular Employees for life long even after superannuation.
Then CPSEs with 51% and more share holding with Union Government can get a begging like 1000 as monthly Pension which fall short to pay one months electricity bills let along a minimum living.
Second and more stunning one is the very basis of this Option Drama by EPFO and deciding factor by Hon'ble SC.
Can EPFO show a single case where it had given or allowed Pension on Actual Salary beyond it's fixed amount of 5000/6500/15000 based on this Option.
Very unfortunate on the part of our Apex Court to ignore this fact and I feel it has been done knowingly just to help out EPFO & Government.
Just think. Not a single EPS 95 member out of 65 lakhs opted for higher pension on actual salary?
EPFO grossly misled the Hon'ble SC time and again. Yes, a circular was issued by EPFO asking for Option. But this very circular and which had decided the fate of lakhs of marginalised EPS Pensioners had never been put to implementation by EPFO.
Also there are many CPSES which did not circulate the Option Circular among it's Employees and committed criminal offence and liable to be held responsible and make good the losses thus caused to it's Employees and also legal and criminal proceedings as per law of the land such gross misconduct as per Service Rules. ONGC IS ONE SUCH ORGANISATION WHICH HAD NOT CIRCULATED THIS OPTION CIRCULAR AMONG ITS EMPLOYEES.
So, a Baby (here Option for higher pension) who had never born, EPFO GOVERNMENT AND FINALLY HIGHEST COURT OF THE COUNTRY WROTE HIS DEATH CERTIFICATE ( here cut off date).
Death certificate of an unborn baby? Just miscarriage of justice and height of principle of natural justice as enshrined in our constitution.
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