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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Gobinda Prasad Bera – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ application for pension benefits. (Para 1 , 2 , 3 , 4) |
| 2. claim for pension based on supreme court rulings. (Para 5 , 7 , 10 , 12) |
| 3. procedural rebuttals regarding pension eligibility. (Para 9 , 19 , 21 , 22) |
| 4. clarification on exercise of option under pension scheme. (Para 13 , 18 , 26 , 27) |
| 5. cut-off date extended under pension scheme. (Para 28 , 29 , 31 , 35) |
| 6. judgment to accept joint option applications. (Para 39 , 40 , 42) |
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 sh
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.
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