Thursday, September 17, 2020

GOOD NEWS FOR EPS 95 PENSIONERS | HIMACHAL PRADESH HIGH COURT ALLOWED INTERIM RELIEF TO POST 1 SEPT 2014 RETIREE UNDER EPS 95

EPS 95 HIGHER PENSION NEWS | EPFO LATEST UPDATE | EPS 95 MINIMUM PENSION 7500+DA


On 15 September 2020 High Court, Shimla Himachal Pradesh Interim relief allowed to a Post 1.9.2014 retiree under EPS 95 Pension CWP/3175/2020. This is very good judgement in the favor of EPS 95 Pensioners.

AJAY KAPOOR Vs UNION OF INDIA AND ORS
[WP No. 2222/2018. Relief allowed therein was on 12.12.2018]
 
Below is the details of Judgement delivered bt High Court, Shimla Himachal Pradesh.

CWP No. 3175 of 2020

15.9.2020

Present: Mr. Aman Parth Sharma, Advocate, for the petitioner, through Video Conferencing.

None for respondent No. 1.

Mr. Rakesh K. Sharma, Advocate, for respondent No. 4, through video Conferencing.

Notice already stands issued to respondents No. 2 and 3 for 6.10.2020.

CMP No. 8995 of 2020

Learned counsel for the applicant/petitioner has pointed out that in identical Writ Petition No. 2222 of 2018 along with connected matters, an interim order has been passed in favour of petitioners therein. This fact has been endorsed by appearing counsel.

Being so, the petitioner is also entitled for the same interim order, being similarly situated person. Therefore, in present case also, in view of the fact that the Employee’s Pension (Amendment) Scheme, 2014, notified on 22nd August, 2014, has already been quashed by a Division Bench of Kerala High Court, the respondents shall continue to pay the revised higher pension to the petitioner, subject to the condition that in case the writ petition fails, the respondents shall be entitled to recover the excess amount out of the future arrears of pension.
 
List on 6th October, 2020 along with main petition, date already fixed for service of respondents No. 2 and 3.

Reply on behalf of appearing respondents also be filed in the meanwhile.


(Vivek Singh Thakur),
Judge
15th September, 2020 

 

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