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2014 Supreme(Pat) 249

HEMANT KUMAR SRIVASTAVA
Ram Nandan Prasad – Appellant
Versus
Union of India through the Secretary, Labour and Employment, Government of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Patanjali Rishi, Advocate, Mr. Sanjeet Kr. Singh, Advocate
For the Respondents 2 to 4:Mr. Prashant Sinha, Advocate
For the Respondent no. 5:Mr. Dhruba Mukherjee, AAG, State of Jharkhand with Mr. Neeraj Kumar, Advocate

Order

1. In all the above stated writ petitions, similar questions are involved and accordingly, all the above stated writ petitions are being disposed of by this common order.

2. Petitioners have prayed for issuance of writ commanding the respondents to pay higher pensionable salary in terms of proviso to para 11 of the Employees’ Pension Scheme, 1995.

3. Petitioners were employees of the Bihar State Food and Civil Supplies Corporation limited where the Employees’ Pension Scheme, 1995 had been implemented. Petitioners made their contributions towards the aforesaid scheme and the aforesaid Corporation had deducted required amount from salary of the petitioners to make contributions in the above stated scheme. In course of time, petitioners started receiving salary much at Rs. 6500/- per month and the said corporation had been contributing the prescribed amount of salary exceeding Rs. 6500/- per month into pension fund but petitioners were denied their pension on higher salary. The then Managing Director of the Bihar State Food and Civil Supplies Corporation limited raised protest against the act of respondents writing vide letter no. 5210 dated 23.06.2009 and the Union of the employee


















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