A simple perusal of the judgement dt 4th November would reveal that it may not be concluded as totally negative judgment and against us as most of major issues have been resolved in this judgment which I consider as positive development as under
1 RC Gupta judgment is upheld which means that retrospective options are allowed. This also means that an employee can opt for higher pension since inception of scheme or from the date his salary exceed Rs 6500/
2 The discrimination of exempted and non exempted imposed by EPFO has been removed
3 The additional burden of 1.16 percent on contribution beyond the ceiling of Rs 15000/has been removed
4 The retrospective options on higher salary have been allowed to the employees who retired beyond dated 1-09-2014
The only negative point which is harming us is that the Honorable court has denied the retrospective options on higher salary to the employees who retired prior to 1-09-2014 for which reason given of EXIT is not at all logical convincing and having any legal basis
So friends we have to seek remedy for this restriction and consult our advocate accordingly
Anyhow we have to keep our patience and act for removal of this gross anomaly in judgment
These are my brief views and I will welcome any further suggestions in this regard
Ompal Singh
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We need clarity on the term" retired before the cut off date" in Sept 2014. Does that include all who started receiving pension but continued in service if their retirement age was higher at 60 years or does that mean actual date of retirement. The EPS95 pension starts at 58 but in many institutions, the age of retirement is 60 as in my case as I retired in June 2015. Will anyone clarify?
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