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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, BASANT BALAJI
Rajeev P – Appellant
Versus
Kerala State Co-Operative Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge against pension scheme eligibility. (Para 1 , 2 , 3) |
| 2. state authority's role in eligibility determination. (Para 4 , 5) |
| 3. court's emphasis on factual matters. (Para 6 , 7) |
| 4. supreme court ruling on eligibility liberty. (Para 8 , 9 , 10 , 11 , 12) |
| 5. allowing appeal with conditions for relief. (Para 13 , 14) |
JUDGMENT :
Devan Ramachandran, J.
Sri.K.Sasikumar – learned counsel for the appellants, submits that his clients have been constrained to challenge the judgment of the learned Single Judge of this Court in W.P(C)Nos.24917/2019 and 25032/2019, solely because their request, for being allowed to continue under the Employees Pension Scheme 1995 (‘1995 Scheme’) has been rejected; but without adverting to the specific liberty reserved to persons like them by the Hon’ble Supreme Court in Special Leave Petitions (SLPs), that were filed before the Hon’ble Supreme Court by the State of Kerala.
2. Smt.Nita N.S. - learned Standing Counsel for the Employees’ Provident Fund Organization (EPFO), in response, submitted that the appellants are not eligible to continue under the ‘1995 Scheme’ because of an earlier notification; and axiomatically, they would not get the be
Eligibility for benefits under pension scheme remains to be determined based on law and fact, allowing appellants to seek resolution with appropriate authority.
Employees of exempted establishments are entitled to pension benefits under the EPS 1995 based on actual salary, as clarified by the Supreme Court.
Employees of District Co-operative Banks must be allowed to retain pension rights under the EPF Pension Scheme, as exclusion based on subsequent policies may not override prior entitlements based on ....
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
The main legal point established in the judgment is that the interpretation of the directions of the Hon’ble Supreme Court must be in accordance with the intent of the Court, and any confusion should....
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