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DINESH MEHTA
Gurnam Singh Gill – Appellant
Versus
Regional Provident Fund Commissioner – Respondent
ORDER :
1. This writ petition has been filed by the petitioner seeking direction to the respondents to accord them benefits of pension/family pension, pursuant to the Employee's Pension Scheme, 1995.
2. Learned counsel for the petitioner submitted that the respondents be directed to accord benefits to the petitioner 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 petitioner all stand concluded by Larger Bench Judgment of Hon'ble the 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:
(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 provisions in
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
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.
Employees of exempted establishments are entitled to pension benefits under the EPS 1995 based on actual salary, as clarified by the Supreme Court.
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.
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.
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.
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