EPS 95 Cases 2 August Supreme Court Hearing Status See Detail,

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Wish to remind you all that a Three judges Bench Sitting of Supreme Court is in Progress* *to hear our long Pending Enhanced Pension issue*  While we are sure to Win our case, wish to remind you all that in all 220 cases before all High Courts, we have won all the cases and EPFO  NOT WON IN ANY Case *Under the circumstances, we are sure to get a favorable  judgement from the SC*

*Fringe issues on Financial viability to meet Pensioner’s enhanced pension cannot hold water , in view of the fact that right from DS..Nakara case, EPFO cannot take excuse , citing “Financial Deficiency*”  *Relevent to note that in all such cases , “Deficiency of Funds cannot be cited , as a substitute for considering the plea of Pensioners* *Further, all the Judges of different HCs in India would be a laughing stock, if their Juggemements are questioned by the SC, in present hearing* *On the other hand, SC may be prepared to take lawful action against those HC judges for deciding the case otherwise, in favor of the Petitioners*

 

 

The court started by 11.30 am and 

Argument/ submission by EPFO advocate is going on. Our advocates raised certain points and the judges noted all and allowed the petitioners advocate t o proceed.

The same old points in new pot 

Lies and exaggerated points.

Let us wait for our side arguments.

The following senior advocates 

and AORs , 

advocates presented 

1.Kailasanatha pillai,

2.Kapil Sibal

3.Meenakshi Arora,

4.Gopal Sankaranarayanan, 5.Anandha padmanaban,

6. Vandana segal

7. Vinayagam Balan,

8.R.Venkatramani

9.Sundaram Iyer

10.Tamban Thomas 

and many others waiting for their submission to the court.

All the best.

G.Murugaiyan 

President 

JAC

Sivadevuni Steekantam:

*EPS 95 IS DEFINED PENSION SCHEME.*

MEANS THE PENSION FORMULA IS PRE DEFINED BEFORE ENTERING INTO THE SCHEME BY THE MEMBER. THERE CAN NOT BE ANY ALTERATIONS IN THE FORMULA TILL DEATH OF A MEMBER.

THERE CAN NOT BE ANY CHANGE IN THE PENSION AMOUNT FIXED TILL DEATH OF THE MEMBER UNLESS GOVERNMENT DESIRES SO. 

*NPS IS A CONTRIBUTARY  PENSION SCHEME:* 

MEANS THERE CAN NOT BE ANY FORMULA OF PENSION FOR THIS SCHEME BUT THEIR RETURNS WILL DEPEND UP ON THEIR CONTRIBUTION BUT THRE IS NO PRE DEFINED FORMULA FOR THIS. 

THIS CONTRIBUTERY PENSION DEPENDS ON:

AMOUNT OF MONTHLY CONTRIBUTION,

FUND IN WHICH IT IS BEEING INVESTED,

DIFFERENT PERIODS OF INVESTMENTS,

SWITCHING OVER OF DEBT, AND EQUITY FUNDS,

RETURN OF PRINCIPLE AMOUNT/NON REFUNDABLE ETC. 

BUT THERE IS NO DEFINED FORMULA FOR PENSION IN NPS.

IF THESE THINGS ARE EXPLAINED TO THE BENCH PROPERLY, THE BENCH WILL DEFINITELY CONVINCE OUR POINT OF VIEW.

G NARAYANA.

*(2.8.2022)Dear friends another point which in today’s hearing before three Judges benches of Hon’ble Supreme Court senior lawyer Sh.Sunderam is stressing and trying to convince the bench is how this amended pension on higher salary can be implemented retrospectively when the pensioners have not contributed retrospectively depriving EPFO investing it in schemes for generating more income enabling it to pay higher Pension.He also mentioned about the amendments in act through GSR dt 22.8.2014.In nutshell EPFO’s lawyers using all weapons and tricks to convince the judiciary t to buy his arguments.But ultimately three judges bench will listen and deliberate on Pensioners lawyers also.A number of Senior lawyers are present today from pensioners side.Today noticed the presence of senior lawyer Sh.Kapil Sibal and in early moments Senior lawyer Sh.Pillai was from Kerala petitioners Side was looking very confident while presenting his arguments.Yesterday had a talk with NCR General Secretary Sh.Gurmukh Singh and he informed that they have also engaged senior lawyers Sh.Ranjit Dass as Sh.Mukul Rohtagi is not available.From our side lawyer Sh.Barqi is present .JS.Duggal General Secretary BKNK Sangh.*


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