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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Lalman Sahu S/o Rugsa Sahu – Appellant
Versus
Employees Provident Fund Organization, Through Commissioner – Respondent
| Table of Content |
|---|
| 1. common questions of fact and law in writ petitions. (Para 1) |
| 2. legal criteria for pension eligibility post-amendment. (Para 2 , 15 , 27) |
| 3. petitioners seek restoration of higher pension. (Para 3 , 5) |
| 4. arguments regarding the supreme court's previous judgments. (Para 6 , 7 , 9 , 11) |
| 5. epf organisation's stance against higher pensions. (Para 8 , 10 , 12 , 13 , 14) |
| 6. court's analysis on amendments and pension calculation. (Para 19 , 23 , 24 , 25) |
| 7. court quashes pension reduction orders. (Para 34 , 35) |
ORDER :
Narendra Kumar Vyas, J.
1. Since an identical issue and common question of facts and law are involved in the bunch of these writ petitions, they are heard analogously and are being decided by this common order.
2. The petitioners have filed the present petitions challenging the legality and validity of letters issued by the respondent – Employees’ Provident Fund Organisation, Regional Office, Raipur (C.G.), whereby the respondent authority has discontinued the higher pension previously granted to them and started paying lower pension as detailed in the subsequent paragraph.
3. The petitioners have claimed following reliefs:-
(a) Issuance of direction to respondent
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
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.
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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