EPS 95 HIGHER PENSION CASES ORDER: RECORD NOTE OF DISCUSSIONS WITH AOR SHRI PURSHOTTAM TRIPATHI ON 14.12.2022 IN SUPREME COURT ADVOCATES’ CHAMBER

A meeting took place regarding our EPS'95 Pension Case yesterday. S/shri Ratish Maurya, Vijender Kumar, Satish Mehta, V.K. Tomar, HM Mallesh and about 15 members of NCOA working group from Bangalore attended the meeting.

It was informed that clarification/modification application by other parties in the Supreme Court has already been filed apart from Review Petitions and the Court has fixed 16th December 2022 for hearing.

After hearing the following three points may emerge:

a) Court hears the clarification application moved, may issue necessary clarification in our favour i.e., clarifying that pre-2014 retirees are covered in R.C. Gupta judgement. In such case there is no further action required to be taken at present.

b) Court hears the clarification application and decides against us, then we can file our joint option as per format likely to be declared by EPFO with suitable guidelines by the end of this month. In case our joint application forms are rejected by EPFO, it will give us further cause of action to file a fresh Writ Petition for suitable remedy.

c) Court admits the clarification and issue directives to EPFO/ GOI to furnish their written submission on the issue. It will be the last day on 16th December before winter vacation and we shall have enough time for joining the clarification application and we can also join the same 

d) We had discussed earlier that review petition will not give us any benefit, on the contrary it may prejudice attitude against us.

2. Another issue which came up for discussion is that in case pre - 1.9.2014 retirees average last month salary shall be calculated on the basis past 12 months salary average but in case post 1.9.2014 retirees same shall be calculated on the basis of last 60 months salary average.  

For post - 1.9.2014 retirees what should be our course of action?

AOR advised that first we should avail of whatever has been offered, enjoy the same for some time and then file a suitable Writ asking for the rectification of this anomaly. EPFO has justified with arguments that average of 60 months will be more beneficial to small Private Sector employees but it is not in the case of Public Sector Employees as their salary increases every year with increment & DA.

Meeting ended with vote of thanks to AOR Shri Purushottam Sharma Tripathi by Shri HM Mallesh, NCOA Representative.

Gurmukh Singh

President, NCR