RECORD NOTE OF DISCUSSIONS WITH AOR SHRI PURSHOTTAM TRIPATHI ON 14.12.2022 IN SUPREME COURT ADVOCATES’ CHAMBER

EPFO Latest News EPS 95 Pension News

A meeting took place regarding our EPS’95 Pension Case yesterday.
S/shri Ratish Maurya, Vijender Kumar, Satish Mehta, V.K. Tomar, HM
Mallesh and about 15 members of NCOA working group from Bangalore
attended the meeting.

It was informed that
clarification/modification application by other parties in the Supreme
Court has already been filed apart from Review Petitions and the Court
has fixed 16th December 2022 for hearing.

After hearing the following three points may emerge:

a)
Court hears the clarification application moved, may issue necessary
clarification in our favour i.e., clarifying that pre-2014 retirees are
covered in R.C. Gupta judgement. In such case there is no further
action required to be taken at present.

b)
Court hears the clarification application and decides against us, then
we can file our joint option as per format likely to be declared by EPFO
with suitable guidelines by the end of this month. In case our joint
application forms are rejected by EPFO, it will give us further cause of
action to file a fresh Writ Petition for suitable remedy.

c)
Court admits the clarification and issue directives to EPFO/ GOI to
furnish their written submission on the issue. It will be the last day
on 16th December before winter vacation and we shall have enough time
for joining the clarification application and we can also join the same 

d)
We had discussed earlier that review petition will not give us any
benefit, on the contrary it may prejudice attitude against us.

2.
Another issue which came up for discussion is that in case pre –
1.9.2014 retirees average last month salary shall be calculated on the
basis past 12 months salary average but in case post 1.9.2014 retirees
same shall be calculated on the basis of last 60 months salary
average.  

For post – 1.9.2014 retirees what should be our course of action?

AOR
advised that first we should avail of whatever has been offered, enjoy
the same for some time and then file a suitable Writ asking for the
rectification of this anomaly. EPFO has justified with arguments that
average of 60 months will be more beneficial to small Private Sector
employees but it is not in the case of Public Sector Employees as their
salary increases every year with increment & DA.

Meeting ended with vote of thanks to AOR Shri Purushottam Sharma Tripathi by Shri HM Mallesh, NCOA Representative.




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