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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. Justice A.D. MARIA CLETE, J
M.Krishnamurthy S/o. Muniramaiah – Appellant
Versus
Union of India, Rep. by the Secretary to Govt. of India, Ministry of Labour and Employment, Shram Sakthi Bhavan – Respondent
JUDGMENT :
A.D. Maria Clete, J.
Heard.
2. The Writ Petitioners in all the WPs were employees either working or retired from Handicrafts and Handlooms Exports Corporation of India Ltd (for short HHEC). In all these writ petitions, they were seeking to challenge the order passed by the 4th Respondent Regional Provident Fund Commissioner (Pension) dt. 4.10.2019. The impugned orders in all the WPs contained identical statements which are as follows:-
“Please refer to your grievance of subject cited above in this regard, it is informed that as per Circular No Pension-1/12/33 EPS Amendment/96- vol.II/4432 dated 31.05.2017, the order is not applicable on exempted establishment. Further, no directions in this regard has been issued by Head Office for exempted establishment.”
3. In these writ petitions, notices were issued on different dates, with liberty granted to the petitioners to serve the respondents privately as well. Despite the writ petitions being pending for five years, the petitioners' counsel has not ensured service of notice on respondents 7 to 9. Meanwhile, the main writ petitions have now been listed for final disposal. The counsels appearing in these matters have failed to serve
Employees of exempted establishments are entitled to pension benefits under the EPS 1995 based on actual salary, as clarified by the Supreme Court.
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.
Amendments to the Employees' Pension Scheme cannot impose retrospective cut-off dates for exercising pension options, affirming beneficiaries' rights established prior to amendments.
Employees retiring after amendments can exercise options for higher pensions within extended timelines, regardless of exit dates from the pension scheme.
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