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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Gobinda Prasad Bera – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred praying for direction upon the respondent/P.F. Authorities not to give effect to its order dated 18.04.2024.
2. The petitioner’s case is that the Executive Officer, Tamluk, Ghatal Central Co-operative Bank Ltd. (hereinafter referred to as TGCC Bank Ltd.) issued an appointment letter bearing Memo No. G/4078/291(II) dated 06.04.1983 in favour of the petitioner for appointment to the post of Grade-IV staff.
3. The petitioner retired from service on 31.08.2016, on attaining the age of superannuation.
4. During the tenure of his service, the petitioner was a member of Employees Pension Scheme’ 1995, Employees’ Provident Fund Organization and Pension Payment Order (in short PPO) was issued in favour of the petitioner. The petitioner has been getting pension to the tune of Rs.2169/- per month.
5. It is stated by the petitioner that the issue of applicability of paragraph 11(4) which came into force with effect from 01.09.2014 came up for consideration before the Hon’ble Supreme Court in EPFO & Anr. Vs. Sunil Kumar B. & Ors., (2023) 12 SCC 701 . After considering all aspects, the Hon’ble Supreme Court held and directed
Employees retiring after amendments can exercise options for higher pensions within extended timelines, regardless of exit dates from the pension scheme.
The Supreme Court affirmed the validity of the amended pension scheme, allowing employees to exercise options under the new provisions, and directed timely processing of Joint Option Forms.
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
The court affirmed the validity of the amended pension scheme, allowing employees to exercise options under new provisions and extended the time frame for compliance.
The amended pension scheme applies to all eligible employees, allowing those who did not exercise options before 1st September 2014 to do so, with a time extension granted for compliance.
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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