EPS 95 Higher Pension revised/allowed but later OLD Pension restored

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The judgement dt. 15.06.2022 of the Hon’ble High Court of Madhya Pradesh, Jabalpur in Writ Petition no. 14425 of 2021 (as the lead Writ Petition) along with a bunch of other similar Writ Petition Nos. 11461, 14735, 15029, 15297, 15302, 15305, 15310, 15588, 15682, 16821, 17446 and 26539 of 2021had been shared by me on 16.06.2022 wherein the communication of EPFO dt. 17.06.2021 restoring the revised pension of Petitioners to old/normal pension had been quashed.

While quashing the said communication Hon’ble High Court of Madhya Pradesh had relied upon the order dt. 31.08.2015 passed by the Full Bench ( 3 Judges headed by CJ ) in M.A. No. 1721 of 2015 titled Oriental Insurance Company Limited vs Sanju Raj & Ors where from Para 4 is being re-produced hereunder:


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Para 4:

”Indeed, in the subsequent decision of coordinate Bench of the Supreme Court in the case of United India Insurance Company v. Sunil Kumar, reported in IV (2013) ACC 482 (SC)=2013 A.C.J. 2856. the correctness of the view expressed in Sinitha’s case (supra) and United India Insurance Company v. Sheela Datta, reported in IV (2011) ACC 287(SC)=2011 (4) T.A.C. 874 (S.C), has been doubted and the question is referred to the larger Bench of the Supreme Court. Nevertheless, it is well settled position that so long as the decision of the Supreme Court on the point is in force, the same will be binding on all the subordinate Courts. The fact that the issue has been referred to larger Bench of the Supreme Court, that cannot be the basis to ignore the decision of the Supreme Court cited on the subject, which is still holding the field and will be, therefore, binding precedent until overturned by a larger Bench of the Supreme Court.”

Since yesterday, I have been receiving many requests from my pensioner friends asking for a copy of the judgment in the case “The Oriental Ins. Co. Ltd. vs Sanjubai and Others, 2016 ACJ, 1000” as referred in the aforesaid order dt. 15.06.2022.  

Accordingly, I am sharing the copy of aforesaid judgement dt. 31.08.2015 for your information along with copies of the other two judgements too as mentioned in the Para 4 above for your ready reference.






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