Even if higher pension is not allowed there is deficit Rs 36,000 crore he argued.He had given when for higher pension consent of employee is must and in this pensioners have not given consent along with employer so now he is not entitle for higher option.Option under EPS 95 pension is not automatic .Mr.Sundersm citing one para of RC Gupta case said that option under both section 26(6) and 11(3) under act is mandatory. He also cited para 45 of Nakara Judgement in support of his argument of not allowing option at this stage being a contributory pension scheme.Mr Sunderam in an attempt to create some cofusion cited an example of one CEO of a Company drawing 12 lakh monthly salary is also a member of this scheme.
Mr.Banerjee learned lawyer of GoI also talked about financial sustainabilty but in return Judges argued why not you earlier brought it in your annual report for which Mr.Banerjee could not reply upto the satisfaction of judges.In the midst of argument given by Mr Banerjee,Hon’ble justice Anirudh Bose told Mr Banerjee that after implementing Hon’ble Kerala High Court judgement duly approved by CBT and GOI now your approaching the court for not implementing further.
Friends one thing undersigned who is constantly witnessing entire proceeding before Hon’ble Supreme Court since the start i.e from 2.8.2022 ,can say one thing that everyone placed their arguments forcefully be it EPFO/GOI lawyers or Pensioners.Though EPFO lawyer’s arguments are not digestable or in good taste for all of us pensioners but they had also tried their best to convince the Hon’ble Bench.One thing more can be said the entire Bench of Hon’ble Judges were quite open and receptive and did not shy to ask even simple question in their quest for going deeper into issue so that fair Judgement may be given.
This is my honest assessment. As earlier it is also said that no one can predict the Judgement but one thing seems to happen that pensioners interest will be well taken into consideration by Hon’ble Bench. Friends both the parties are now heard and “JUDGEMENT IS RESERVED.”