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2022 Supreme(Raj) 1274

ARUN BHANSALI
Shiv Kumar Jain – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. B.P. Mathur, Advocate., for the Petitioner
Mr. Y.P. Khileree, Advocate., for the Respondent

JUDGMENT

1. These writ petitions have been filed by the petitioners seeking direction to the respondents to accord them benefits of pension/family pension, pursuant to the Employee's Pension Scheme, 1995.

2. The prayer in the petitions has been made that the respondents be directed to accord benefits to the petitioners in light of order in R.C. Gupta & Ors. v. Regional Provident Fund Commissioner, Employees Provident Fund Organisation & Ors.: 2018 (14) SCC 809 and other judgments, which have followed the said judgment including a judgment of this Court.

3. The issues, which have been raised by the petitioners all stand concluded by Larger Bench Judgment of Hon'ble Supreme Court in Employee Provident Fund Organization & Ors. v. Sunil Kumar B. & Ors.: 2022 SCC Online SC 1521.

4. In the said judgment, the Hon'ble Supreme Court has directed as under:-

    "46. We accordingly hold and direct:-

    (i) The provisions contained in the notification no. G.S.R. 609(E) dated 22nd August 2014 are legal and valid. So far as present members of the fund are concerned, we have read down certain provisions of the scheme as applicable in their cases and we shall give our findings and directions on these provision

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