Pl.fill up the bottom part of this post, copy and paste in your e-mail page and post to these e-mail ids together. intuchq@gmail.com,
v62upadhyay@gmail.com, malla.jagadish@rediffmail.com, jagadishmalla1955@rediffmail.com,
pjbanasure@gmail.com, pjbanasure@bsnl.co.in, ashoksingh5319@yahoo.com, hms1gs@gmail.com, akpcitu@gmail.com, citubtr@gmail.com,
aiutuc@gmail.com, rpandey.unidoc@yahoo.com, aituchq@gmail.com, jchowdhary@yahoo.com, bala.kamarsu@gmail.com, efisolar@gmail.com, scopedg@yahoo.com, g.p.srivastava@assocham.com, s.sen@cii.in, bp.pant@ficci.com,
kvsekharraju@yahoo.co.in, patilgroup999@yahoo.in, wigindia@yahoo.com, forsesail@gmail.com,
&&&&&&&&&&&&&
1. Dr. G. Sanjeeva
Reddy,
6/B, Leigh Barkatpura,
Hyderabad-500027.
EMAIL ID- intuchq@gmail.com
2. Shri Virjesh Upadhyay,
Member CBT, H. No. 32A/1, Shiv Puri Part-II, Goyala Road, Deen Pur, Najafgarh, New Delhi-110043, EMAIL ID-v62upadhyay@gmail.com
3.
Shri
M. Jagadiswara Rao,
D. No. 31-3-3/2, Gowri Nagar,
Opp. All India Radio Station, Kurmannapalem
Visakhapatnam(AP)-530046,
4.
Shri
Prabhakar J. Banasure,
Aakankash 21/1 Samarth Colony,
M.J. College Road, Jalgaon
(Maharashtra)-425002,
EMAIL ID-pjbanasure@gmail.com,
pjbanasure@bsnl.co.in
5.
Shri
Ashok Singh,
No. 435, Vishwas Khand III,
Gomti Nagar, Lucknow (UP)-226010,
EMAIL ID- ashoksingh5319@yahoo.com
6.
Shri
A. D. Nagpal,
1181, Sector- 43-B, Chandigarh- 160022,
EMAIL ID- hms1gs@gmail.com
7.
Shri
A. K. Padmanabham,
B.T. Ranadive Bhawan,
13A, Rouse Avenue, New Delhi- 110002,
EMAIL ID- akpcitu@gmail.com,
citubtr@gmail.com
8.
Shri
Shankar Saha,
77/2/1, Lenin Sarani (1st Floor)
Kolkata-700013,
EMAIL ID- aiutuc@gmail.com
9.
Shri
Raman Pandey,
Maruti Building,
12, Loudun Street, Kolkata-700017,
EMAIL ID- rpandey.unidoc@yahoo.com
10. Shri D. L. Sachdev,
35-36 Deen Dayal Upadhyay Marg Rouse Avenue
New Delhi-110002,
EMAIL ID- aituchq@gmail.com
11.
Shri
J.P. Chowdhary,
Prem Lata, 4th Floor,
39 Shakespeare Sarani Kolkata- 700017,
EMAIL ID- jchowdhary@yahoo.com
12. Shri Balasubrahmanyam
Kamarsu,
15/270, Lodhy Colony,
Near Meharchand Market,
New Delhi- 110003,
EMAIL ID- bala.kamarsu@gmail.com
13. Shri Rajinder Singh
Maker,
17/03, World Trade Center,
Cuffe Parade Mumbai- 400005,
EMAIL ID- efisolar@gmail.com
14. Dr. U. D. Choubey,
1st Floor, Scope Complex,
7, Lodhi Road, New Delhi-110003,
EMAIL ID- scopedg@yahoo.com
15. Shri G. P.
Shrivastava,
5, Sardar Patel Marg, Chanakyapuri,
New Delhi-110021,
EMAIL ID- g.p.srivastava@assocham.com
16. Shri Sushanta Sen,
249-F, Sector-18, Udyog Vihar,
Phase-IV, Gurgaon (Haryana)-122015,
EMAIL ID- s.sen@cii.in
17. Shri B. P. Pant,
V/5, NCERT Campus Aurobindo Marg
New Delhi-110016,
EMAIL ID- bp.pant@ficci.com
18. Shri K. V. Sekhar
Raju,
C/o Spun Concrete Pipe Mfrs. Association of
Karnataka,
B-5&6, Swiss Complex, 33, Race Course
Road
Bangalore-560001,
EMAIL ID- kvsekharraju@yahoo.co.in
19. Dr. S. S. Patil,
8-1457, M/s. L. R. Patil Building,
Near APMC Office, Nehru Ganj
Gulbarga (Karnataka)- 585104,
EMAIL ID- patilgroup999@yahoo.in
20.Shri Ravi Wig,
House No. 618 Sector 21A
Faridabad (Haryana)- 121007,
EMAIL ID- wigindia@yahoo.com
Sub: Appeal
to reject EPFO circular dated 31st May 2017 and help approve
Payment of Pension to Employees of Exempted Established at enhanced rate as per
Supreme Court Order dated 4th Oct 2016.
Respected CBT Members,
I would like to make a humble submission before you
that I am aggrieved by the EPFO circular dated 31st May 2017
which is depriving us of the benefits of higher / full pension resulting from
the Supreme Court Order dated 4.10.2016 in Civil Appeal No(S). 10013-10014
of 2016 arising out of SLP(C) Nos. 33032-33033 of 2015 titled R.C.Gupta &
Ors vs RPFC & Ors is in favour of EPS 1995 members, irrespective of the
fact as to whether they were from EPF exempted or EPF un-exempted
establishments of EPFO. However, the last para of the 31st May
circular which reads as “As decided in the 40th meeting of the
PEIC the matter will be placed before the CBT” leaves us still with a
hope that as a member of CBT you will come to the side of justice and help us
get the full pension as ordered by the Apex Court. The following paragraphs
have a few facts and arguments, for your kind perusal, to help decide the issue
in our favour.
Ø I belonged to an establishment, SAIL, which
was Exempted for Provident Fund (EPF) but Un-exempted for Pension
Scheme (EPS). There is no dispute in respect of Provident Fund (for which
exemption had been granted by EPFO) but EPFO has without any logic
issued the aforesaid directive dated 31.5.2017 debarring pensioners of
establishments which had sought exemption for Provident Fund (EPF)
despite the fact that these were Un-exempted for Pension Scheme
(EPS).
Ø Whereas, the
other similarly placed pensioners from Un-exempted establishments who were also
Un-exempted for Pension Scheme (like me ) have been granted the benefit of
revision of their pension on actual salary after depositing the differential
amount with interest in accordance with the various judgments of Apex Court.
Thus, CPFC has superseded the equitable decision taken by the CBT &
Government (which was circulated by EPFO itself vide directive dated 23.3.2017)
by issuing the interim advisory dated 31.5.2017 by misinterpreting the
Judgments dt. 31.3.2016, 12.7.2016 and 4.10.2016 of the Apex Court.
Ø Separate
legal entities have been created by EFPO itself by granting exemptions for
Provident Fund (NOT FOR PENSION SCHEME) for its
own administrative convenience in accordance with the provisions contained
in the EOPF&MP Act, 1952 with condition that such exempted establishments
(managing the fund through their Trusts) shall follow all rules &
regulations of EPFO and the facilities & benefits available in the establishments
exempted by EPFO shall never be inferior to those of Un-exempted establishments
who were depositing the contribution with EPFO. However, after retirement,
whole corpus with interest had been returned to pensioners by Trusts and EPFO
to Exempted & Un-exempted Establishments respectively.
Ø Union
Minister of Labour and employment had assured on the floor of the Parliament on
23.3.2017 that the said benefit will be accorded to all thepensioners of EPS
whether they were petitioners or not.
Ø Union
Minister of Labour and employment has confirmed on the floor of Parliament in
his reply to question no. 427 that Private Provident Fund Trusts which
have taken exemption under the Employees’ Provident Funds & Miscellaneous
Provisions (EPF& MP) Act, 1952 are under monitoring and control
of Employees Provident Fund Organization (EPFO).
Ø It
is a matter of record that EPFO has not taken such a stand prior to issue of
interim directive dt. 31.5.2017 i.e. differentiation due to
exempted/un-exempted status for Provident Fund to decide eligibility for the
said benefit in hundreds of Civil Writ Petitions & LPA’s in various
High Courts and also in the various SLPs in the Apex Court. How can
they take a U-turn and deviate from their own stand now as if the exempted
& un-exempted categories came into being after the Apex Court decision?
Ø There
is no issue/dispute regarding Provident Fund for which exemption had been
granted by EPFO to such CPSEs whereas these were Un-exempted for EPS (Pension
Scheme) but the benefit as accorded by the Apex Court is being erroneously and
unlawfully denied for Pension Scheme by treating such establishments as
Exempted whereas factually these are un-exempt for the Pension Scheme.
Ø Now
at this stage, EFPO cannot contradict its own creation and deny the benefits to
pensioners of such establishments i.e. by refusing to grant the benefits
equitably to both types of organizations following same rules and both under
the control & monitoring of EPFO.
Ø There
is no reference whatsoever of Exempted or Un-exempted
Establishments in SC judgments dated 31-03-2016, 12-07-2016 and
04-10-2016 thereby; EPFO is just trying to unlawfully misrepresent or
twist the true spirit of judgments of the Apex Court and thus,
unnecessarily forcing the Senior Citizens/ pensioners to approach Courts for
seeking justice at the fag end of their lives which is even against the
policies of the Government and also in violation of various judgments on the
subject delivered by the Apex Court for avoiding unnecessary litigation (Refer
order of Apex Court dt. 1.7.2015 in Civil Appeal no. 1123 of 2015 titled D.S.
Nakara vs Union of India)
Ø As
all of EPS members/ pensioners of CPSEs are from un-exempted (for Pension fund
– EPS) categories; the contents mentioned in the interim letter dated
31.05.2017 are not relevant & applicable by any stretch of imagination and
are, thus, unlawful.
Ø Entire
contribution amount under EPS Scheme used to be remitted by such establishments
directly to EPFO every month; hence there is no need for adjustment of
contribution from Provident Fund to Pension Account. The differential amount
along with interest is being got deposited from un-exempted establishments, the
same rule may apply on the exempted establishments while granting the said
benefits.
Ø All
EPS members of such establishments have been issued PPO (Pension Payment Order)
by EPFO only and they are getting monthly pension ranging from mere Rs. 1000 to
Rs. 2500 per month from EPFO itself. Hence they are covered and fully eligible
for enhancement of monthly pension too as they were treated for enhancement of
pension while extending benefit of 2 years weightage in pensionable service
recently.
Ø In
view of above, it is clear that advisory dated 31-05-2017 issued by EPFO to
their entire field offices denying the benefits to pensioners of EPF
Exempted but EPS Un-exempted organizations is clear violation of
all the judgments of Apex court and High courts and approval accorded by
CBT/MOL&E/Government.
Ø Further this
benefits has already been allowed by EPFO in compliance of various Court
judgments to pensioners of many exempted establishments in Kerala State like
Instrumentation Ltd, ITI Ltd, Fertilizers & Chemicals of Travancore (FACT),
AAI, KSCADB, KM&M, KNCO, KAMCO etc to name a few.
Ø Such
an action of EPFO also violates the Article 14 of the Indian Constitution which
prohibits different treatment to equals or similarly placed citizens.
It has been learnt that this unlawful interim
advisory dated 31.05.2017 issued by EPFO Head Office to all the field offices
is likely to be placed by the EPFO before the CBT (EPF) in its next meeting
which is likely to be held in August 2017 for ratification/ approval. You are
requested not to be a party to the ratification of illegal, discriminatory,
illogical, erroneous and inequitable decision taken by EPFO by misinterpreting
and distorting the order/judgment of the Apex Court and misguiding the
authorities.
I request you further that in the interest of
justice & equity and as a welfare measure for poor senior
citizens/pensioners like me, CPFC, EPFO may be advised to immediately withdraw
its illegal & discriminatory interim advisory dated 31.5.2017 and implement
the Supreme Court Order dated 04th Oct 2016 and its own
equitable directive dated 23.3.2017 already issued by EPFO for all the EPS’95
pensioners irrespective of Exempted/Un-exempted category without any further
delay as the same is in accordance with the true letter & spirit of the
various judgements of Apex Court and approval accorded by the Government on
16.3.2017.
Thanking You,
Thanking You,
Yours faithfully
Name
Name of
Organisation
PPO No.
RPFC Office
Aadhaar No.
Mobile No.
E-mail id
