The main legal point established in the judgment is that the entitlement of an employee for pension under the Employees Pension Scheme, 1995 is strictly in terms of the scheme and permits no derogation. The court emphasized the conditions for availing superannuation pension and withdrawal benefits under the scheme.

JUDGMENT

1. We have heard learned counsel for the petitioners Mr. Gautam Rakesh, learned Senior Counsel Mrs. M.M. Pal on behalf of the applicant/Private respondent and Mr. B.K. Pathak on behalf of the BSNL i.e., employer.

2. Being aggrieved by the order dated 24.04.2017 rendered by the learned Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi), Employees Regional Provident Fund Commissioner, Ranchi has preferred this writ petition.

3. The applicant had approached the learned Tribunal for a direction upon the Employees Provident Fund Officer (EPFO for short) to pay pension to the petitioner with interest at par with similarly situated persons within a stipulated period along with its arrears and statutory interest, if any. Learned Tribunal allowed the application, treated the applicant''s actual service for the purposes of eligibility as over ten years and directed the EPFO to release the arrears of pension and current monthly pension within a period of two months failing which it shall be liable to pay interest of 8% on the due amount for any delay. Cost of Rs.5,000/- was also imposed on the EPFO. Since applicant had been paid G.P.F. amount, it was directed that the same would be recovered from him in one lump sum while starting the monthly pension.

4. Essentially, the dispute in the instant matter is whether the employee i.e. the applicant/private respondent herein was eligible for pension under the Employees Pension Scheme, 1995 or not since he had attained the age of 58 years on 31.12.2010 and whether he shall treated to have completed 10 years of eligible service under the provisions of para- 2(ix) read with para- 6-A of the EPS, 1995?

5. Facts which are not in dispute are briefly narrated hereunder:- BSNL was covered under the EPS, 1995 by order dated 01.07.2004 giving the cover of the scheme to the employees of BSNL with effect from 01.06.2002. The remittances under the scheme were made to the EPFO containing both the employees and the employers'' contribution, however, till 31.12.2012 since the applicant reached the age of superannuation i.e. 60 years on that date. EPFO however despite receiving the remittances after 31.12.2010 when the applicant had attained 58 years of age, deposited the remittances for the last two years in the Employees Provident Fund Account. In such a situation as per EPFO, applicant was entitled to the withdrawal benefits under para-14 of the EPS, 1995. Rest of the remittances for the period 31.12.2010 to 31.12.2012 were to be paid while computing the Provident Fund claim of the applicant.

6. On the part of the petitioner reliance has been placed on the various provisions of the EPS, 1995 such as Para-2(ix). Definition of "member"; Para-6. "Membership of the Employees'' Pension Scheme"; Para-6-A. "Retention of membership"; Para-12. "Monthly member''s pension"; Para-12(6)... and Para14- "Benefits on leaving service before being eligible for monthly member''s pension".

7. Learned counsel for the petitioners has in particular relied upon the explanation to Para-2(ix) read with para-6(a), para-12(1)(a),(b) and submitted that eligibility to avail superannuation pension is on completion of 10 years of pensionable service till the age of 58 years. If the applicant as per his date of birth recorded with the employer completed less than ten years of service on the date on which he attained the age of 58 years i.e. 31.12.2010, withdrawal benefits provided under para-14 would be permissible to him but not the superannuation benefits even though the employee may have reached the age of superannuation of 60 years as per the retirement age in the BSNL Organisation. Learned counsel for the petitioners submits that under Para-16 of the scheme, however, in case of death of a member, the family of the deceased employee is entitled to the benefits under the conditions enumerated thereunder even though the employee may have died before attaining the age of 58 years provided that at least on