EPS 95 pensioners are sure to get a favorable judgment from the SC

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Wish to remind all EPS  Pensioners that a Three Judges Bench Sitting of the 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. EPS  95 pensioners have won all the cases and EPFO  NOT WON IN ANY Case  Under the circumstances.

EPS  95 pensioners are sure to get a favorable judgment from the SC. Fringe issues on Financial viability to meet Pensioner’s enhanced pension cannot hold wast. In view of the fact that right from D S. Nakara case EPFO cannot take the excuse.

Citing “Financial Deficiency ”   Relevant 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 

On second August 2022 The court started by 11.30 am and Argument/ submission by EPFO advocate is submitted. EPS 95 Pensioners advocates raised certain points and the judges noted all and allowed the petitioners advocate to proceed. 

The same old points in new pot Lies and exaggerated points. After long wait for EPS 95 Pensioners side arguments were given.

 The following senior advocates and AORs, advocates presented 

4.Gopal Sankaranarayanan, 5.Anandha padmanaban,

10.Tamban Thomas, and many others wait for their submission to the court.

He also mentioned the amendments in the act through GSR dt 22.8.2014. In nutshell, EPFO’s lawyers use 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.

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A number of Senior lawyers are present on 2 august from the pensioner’s side. on 2 august noticed the presence of senior lawyer Sh. Kapil Sibal and in the early moment’s Senior lawyer Sh. Pillai was from Kerala petitioners Side was looked very confident while presenting his arguments. Yesterday had a talk with NCR General Secretary Sh. Gurmukh Singh informed that they have also engaged senior lawyers Sh. Ranjit Dass as Sh. Mukul Rohtagi is not available. From eps 95 pensioners side lawyer Sh. Barqi is present.

ABOUT EPS 95PENSION: IT 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 CONTRIBUTORY  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 CONTRIBUTORY PENSION DEPENDS ON: AMOUNT OF MONTHLY CONTRIBUTION, FUND IN WHICH IT IS BEING 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 COINCIDENT OF VIEW.


 

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