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HARISH KUMAR
Sudhir Kumar Son of Late Kamla Prasad – Appellant
Versus
Union of India – Respondent
JUDGMENT :
This Court has heard Mr. Nirmal Kumar, learned Advocate for the petitioners, Mr. Prashant Sinha, learned Advocate for the Employees Provident Fund Organization, Mr. Sanjay Prasad, learned Advocate for the Bihar State Food and Civil Supplies Corporation Ltd. and the learned Advocate for the Union of India.
2. The petitioners are the retired employees of Bihar State Food and Civil Supplies Corporation Ltd., have invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondents, especially the respondent Employees Provident Fund Organization for fixation of their pension on higher pensionable salary in terms of the judgment of the Hon’ble Supreme Court in the case of R.C. Gupta & Ors. Vs. The Regional Provident Fund Commissioner, Employees Provident Fund Organization & Ors., (2018) 14 SCC 809 [(Civil Appeal No. (s) 10013-10014 of 2016)].
3. It is the case of the petitioners that they duly appointed as Assistant Accountants on the sanctioned and vacant post of the Bihar State Food and Civil Supplies Corporation Ltd. (Headquarter), Patna (hereinafter referred to as ‘the Corporation’). Subsequently, on being found eligi
Retired employees must exercise necessary options under the EPF Scheme to claim pensions based on actual salary; failure to do so limits pension to statutory ceiling.
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
Employees of exempted establishments are entitled to pension benefits under the EPS 1995 based on actual salary, as clarified by the Supreme Court.
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