3rd June 2021
For personal kind attention
The hon'ble chief justice of India , New Delhi
Sub: Sincere Request for taking up the EPS 1995 cases with the issue of hike of minimum pension as an URGENT MATTER DURING THE VACATION AS A SUE MOTO CASE and COMPLETE JUSTICE AT THE
EARLIEST kindly sought for all the retirees over the range of meagre pension , found to be FEROCIOS under the provident fund Act , reg .
With very humble request before the hon'ble supreme court , it is submitted that there are about 67 lakhs of EPS 95 pensioners among whom the issue is of higher pension on actual wages and it's APPLICABILITY to exempted companies with other issues , the cases of which are to be heard by the hon'ble supreme court that relates to crores of in service employees too for their life security after retirement and rest of other cases that ACCOUNT IN MAJORITY drawing the pension in the range of less than Rs 1000 and about Rs 2800 , even on revision of pension when takes place , or otherwise , being non- beneficiaries of higher pension , due to insufficient Pensionable service unaccounted of the period of family pension scheme 1971 for which Petitions have been submitted to the hon'ble supreme court by number of EPS pensioners/Associations ALSO NEED JUSTICE BY HIKE OF MINIMUM PENSION to meet the present minimum cost of livelihood . What is the average minimum cost of livelihood in present days is not an unknown fact and also very much known to the hon'ble govt .But it is , for sure that the demand made for hike of minimum pension is certainly not much but in fact low just to survive life not totally depending on others . They are going unnoticed disregarding what has been contributed by these retired employees while in service that has built up and helped the growth of the nation what it looks to day . How long and how much they could pour out their sorrows other than with tears before the hon'ble govt speaks what not !
THE MANAGEMENT OF THE COST OF LIVELIHOOD MAINTENANCE DOES MATTER PRIMARILY to the EPS pensioners . What matters to these senior citizens is not touching the hearts of the concerned authorities .
A) Two terms are made for definition of pensionable service .One pensionable service that includes the period family pension scheme 1971 and another that accounts post EPS 1995 service as pensionable service is taken in total for grant of 2 service weightages on completion of 20 years as per the circular reference no pension /7915 dated 22/25-7-2016 of Sri S K Takhur , Addl central P F commissioner -1 (pension) EPFO new Delhi .
B) The term of pensionable service that includes the service of family pension scheme 1971 is also held to be accountable for determination of pension as per the judgement of National consumer disputes redress-al commission ( N C D R C) new Delhi in case of Subash Chandra Banerjee case petition no 1563 of 2009 on 21-10-2016.
C) But the EPFO takes only post period of service of EPS 1995 as pensionable service defined for determination of pension that reduces the quantum of benefit of pension in case of the retirees of early period of EPS 1995 .
D) The pension is not indexed with living cost remaining stagnant throughout .
E) No annual relief / revision has been provided for the past more than 20 years
All the above factors A to E have contributed for the present situation to the EPS 95 pensioners who have been demanding for hike of minimum pension indexed with cost of living to bear the present cost of minimum life .
The definition of the term of Pensionable service needs to be determined logically and scientifically in the context of two definitions framed for pensionable service .
Therefore the hon'ble supreme court may kindly address the issue the hike of minimum pension applicable to all the retirees to be provided inclusive of non pensioners as a Sue moto case urgently at the earliest date in a humanitarian gesture , ALONG WITH THE EPS 95 CASES posted for hearing to have AN UNISON EQUALITY OF JUSTICE that settles the matter as a whole in respect of all the pensioners in order that no one gets denied of justice kindly not ignoring the position the pensioners have as stated below .
THE PENSION OF EPS 1995 THAT PUT THE PENSIONERS
AT THE MERCY OF OTHERS HAS BEEN FOISTED BRINGING UNIMAGINED STRESS OF DISURPTION OF PERSONAL FAMILY LIFE WITH IT'S DEEP IMPACT ON THE PENSIONERS DEPRIVING NORMAL LIFE WHAT THEY HAD WHILE IN SERVICE IN TOTAL CONTRAST TO THE SYSTEM OF GOVT PENSION WHEREIN MINIMUM PENSION OF RS 8500 IS PROVIDED FOR SERVICE OF 15 YEARS THAT TOO WITHOUT ANY CONTRIBUTION TO THE GOVT ! ! ! WHAT A MAN- MADE CURSE IT IS !
THE LIFE OF THE EPS 1995 PENSIONERS DRAWING PENSION IN THE RANGE THAT DOES NOT SERVE ITS PURPOSE FOR SURVIVAL WITHOUT HELP OF OTHERS WOULD BE TURMOIL UNTIL THE MATTER IS SETTLED . UNFORTUNATE THAT THE POOR AND VERY POOR RETIREES DEPENDING ON OTHERS FOR LIFE MAINTENANCE ARE THE WORST AFFECTED AROUSING PITY AND AWESOME VULNERABILITY .
Having worked in Boards , corporations , big or small industries/ factories on day and night work shift while in service without normal sleep against the nature at the cost of health , now have had to live to see this situation of worrying for the cost of minimum livelihood maintenance after service .
IN ORDER OF QUALITATIVE PENSION SYSTEM , INDIA STANDS AT RANK 32 WITH 45.8 INDEX SCORE -2019 AMONG 37 COUNTRIES OF THE WORLD INCLUDED IN THE INDEX OF PENSION SYSTEM INDICATORS WHEREBY IT NEEDS IMPROVEMENT OBVIOUSLY
FOR BETTERMENT OF THE PRESENT PENSION SCHEME WITH IT'S SUSTAINABILITY FOR ENSURING SOCIO- ECONOMIC SECURITY WITH HUMAN DIGNITY OF THE RETIREES IN LIFE TIME . LIFE THAT LASTS TO IT'S END IS TO BE LIVED BALANCING LIFE AND LIVILIHOOD , FACED WITH PRESENT COST OF LIVILIHOOD . MINIMUM ECONOMIC SUPPORT IS ESSENTIAL TO BALANCE LIFE AND LIVILIHOOD .
THE PENSION IS OXYGEN INCOME FOR THE RETIREES WHO ARE TOTALLY DEPENDENT ON IT . DEPENDENCE IS DEATH . SO IT IS THE LIABILITY OF THE EMPLOYEES PROVIDENT FUND ORGANIZATION AND THE HONBLE UNION LABOUR MINISTRY TO TAKE CARE OF THE LIVILIHOOD OF PENSIONERS WITH THEIR HEALTH CARE AGAINST THE EMPLOYER'S CONTRIBUTION TO THE PENSION FUND UNDER ALL CIRCUMSTANCES , NEVERTHELESS WHAT THE HONBLE UNION GOVT HAS THE INBUILT POLICY TOWARDS THE RETIREES UNDER THE PROVIDENT FUND ACT .
It is a CHOKED AND DISHEARTENED VOICE CALL of the retirees of private and public enterprises undergoing the untold sufferings of livelihood for it's maintenance with grave economic insecurity with the pension in the range of less than Rs 1000 and not much above Rs 2500 under the employees pension scheme 1995 FOR a complete JUSTICE to have a LIVABLE AND NORMAL LIFE , in the situation of unsupported of children in nuclear family system of the present days , constrained with present cost of livelihood that is anybody's guess .THE SCALE OF DAMAGE DONE TO THE POOR AND VERY POOR PENSIONERS SUFFERING FOR BASIC NEEDS IN LIVELIHOOD IS UNIMAGINABLE TO BE FOUND VISIBLY NOTICEABLE WHEN THEY ARE LOOKED AT IN THEIR ACTUAL POSITION.
It is the most brazen violation of right to life disrespecting it . There is a total lack of consideration for the lives of Retirees deprived of minimum socio- economic security against the contribution made to the pension fund under the provident fund Act .
It is the voice of EPS 1995 pensioners and non pensioners majority of whom are not better educated and not economically advantaged living under trying situations accounting in lakhs together worked in small medium and big industries with lower wages of their time to be kindly heard for determination of fair and livable pension that serves it's purpose to meet just minimum cost of life of the day that runs in order of about Rs 10000 , an average minimum cost of life across the country for necessary directions to the hon'ble central govt for protection of minimum economic security for basic survival , given the position that the hon'ble central govt has maintained "a rather Stoic silence " and been answer less logically and the govts of the past that did not make attempts to find an implementable and successful solutions , remained insensitive with no remedial action for redress al of greivences of lakhs of pensioners spread across the country for long period of decades and not acknowledged the human crises , not containing it and not recognizing the Universal right to livelihood and right to health care despite much displeasure , mental torture and unrest growing more and more over the time , expressed in memorandums being submitted continuously and exhibited through their meetings conducted from District levels to the National capital new Delhi with Satyagrahas of chain hunger strike followed by one day hunger strike by all the pensioners settled across the country . No problem exists without it's solution .
More importantly whatever benefit it may be , if the pensioners get it through hike of minimum pension or on actual wages it is consumed for the needs that yield tax to the govt , not turning into black money
It does not auger well that the senior , very senior citizens of this democratic country are in turmoil under stressed conditions with bad economic insecurity after service. Some honble members of parliament , being the real representatives of citizens have rightly spoken about the pension problem and demanded for hike of minimum Pension to the EPS 95 pensioners for protection of economic security with sensitivity and humanity concern .
Even the Honble national human rights commission has not addressed the issue for HIKE of MINIMUM PENSION despite having been brought it to it's kind knowledge for violation of human rights in respect of EPS 1995 pensioners drawing meagre pension more than two years back although the issue is very much related to it for rendering justice regardless of the strength of aggreived desolate senior very senior citizens .
Since inception of the EPS 1995 , no govt of the day that came into power never noticed with sensitiveness as to what has been happening to the EPS 95 pensioners in their livilihood with the meagre pension provided .What has been repeatedly put , time and again is that the system of pension is based on Defined contribution -Defined benefit social security scheme not index or inflation linked remaining stagnant through out until and unless benefit accrues through actuarial valuation of the contribution fund . Resultantly the story is before all the pensioners being faced with it's consequences of economic insecurity for the past more than 25 years .
The EPS 1995 of defined contribution -defined benefit not index or inflation linked is designed providing the very meagre pension that creates sever economic insecurity to the pensioners taking away the lives of the pensioners with untold and unspeakable hardships . The concerned authorities continues to be not inclined for revamping this PENSION scheme with immediate hike of minimum pension , despite the reports of parliamentary committee/ committee of 31 hon'ble members of parliament on labour issue in support of hike of minimum pension . Lakhs of pensioners are dieing by degress with injustice of exploitation under unspeakable circumstances and still the issue hangs .
The hon'ble supreme court held as THE LAST HOPE and TRUST of the citizens aggrieved of injustice has to advise the hon'ble govt for necessary course of action by granting them the relief through hike of minimum Pension with constitutional obligations that addresses the problem as they approach it exhausting the options .
If the hon'ble highest judiciary of the nation and the hon'ble central govt as well do not decide , at the need of hour , the fate of these retirees crying for just survival with basic needs to be met with by fair minimum pension , being as an important , sensitive and most urgent matter to be addressed , then where would they go deserves to be thought with conscience .
The senior , very senior citizen EPS 1995 pensioners and also non pensioners need the life protection under the provisions of rights guaranteed in the constitution valuing our contribution made in prime life that led to the growth of the nation .
Therefore the retirees under the provident fund Act sincerely request the hon'ble supreme court to render the kind justice urgently for providing minimum economic security by moderate fair minimum pension indexed with inflation cost that serves it's purpose in present cost of life alongside the cases of EPS 1995 for kind dispensation of justice .
Sir , we would expect with very much hope that our problem that warrants urgent necessary action by the hon'ble govt , would kindly be solved by your honour .
ShamRao , national secretary
EPS 1995 pensioners coordination committee ,
