Delay in implementation of Hon’ble Supreme Court order on payment of pension on higher wages
HO No. ACC/HQ/Pension/Distribution of work/2896 dated 08/06/2018
EMPLOYEES’ PROVIDENT FUND ORGANISATION
(Ministry of Labour & Employment, Govt. of India)
Head Office, Bhavishya Nidhi Bhawan, 14,
Bhikaji Cama Place, New Delhi – 110066, Telephone: 26175212
HO No. ACC/HQ/Pension/Distribution of work/2896 dated :08/06/2018
To,
All Regional Provident Fund Commissioners ( In charge of Region ).
Sub: DELAY IN IMPLEMENTATION OF HON’BLE SUPREME COURT ORDER ON PAYMENT OF
PENSION ON HIGHER WAGES REGARDING.
Sir,
Attention is drawn to Head Office Circular dated 23.03.2017 vide which instructions were issued to all field offices to take necessary action in accordance with the order dated 04.10.2016 of the Hon’ble Supreme Court in SLP No.33032-33033 of 2015 as approved by the government and as per the provisions of the EPF & MP Act, 1952 and Schemes framed thereunder.
2. However on review of the information received from field offices it is noticed that following offices as mentioned below have reported for compliance on revised pension on higher wages as referred above.
No. of cases revised for higher wages for the year ending 31st March 2018
| SI. No | Name of the Regional Office | No. or pensioners | Amount of contribution & interest remitted by the Pensioners | Old Pension | New Pension | Pension arrears paid to the Pensioners |
| 1 | Kannur | 183 | 33882114 | 337419 | 1148500 | 47534174 |
| 2 | Kochi | 567 | 182526758 | 1043778 | 4602709 | 191138600 |
| 3 | Kollam | 104 | 43545566 | 180086 | 987163 | 51771539 |
| 4 | Kottayam | 69 | 26717760 | 128778 | 624129 | 27067764 |
| 5 | Kozhikode | 931 | 185579607 | 1977712 | 5838795 | 223848112 |
| 6 | Trivandrum | 1048 | 309607372 | 1903936 | 7796120 | 379563155 |
| 7 | Coimbatore | 3 | 1223888 | 6457 | 26642 | 562261 |
| 8 | Chandigarh | 19 | 10760076 | 34373 | 211428 | 11862901 |
| 9 | Shimla | 307 | 103484413 | 640179 | 2520034 | 100761400 |
| 11 | Bhatinda | I | 704682 | 1816 | 9750 | 780047 |
| 12 | Bhopal | 9 | 2266369 | 15876 | 34201 | 1637433 |
| 13 | Indore | 10 | 3286217 | 17976 | 73850 | 2229865 |
| 14 | Hubli | 1 | 17577 | 2335 | 7002 | 158058 |
| 15 | Guntur | 295 | 77572487 | 550624 | 1851806 | 93120606 |
| 16 | Jabalpur | 23 | 4685100 | 48856 | 173488 | 7626301 |
| Total | 3570 | 985859986 | 6890201 | 25905617 | 1139662216 |
3. It has also come to notice that some offices have not complied the instructions of Head Office based on the Hon’ble Supreme Court order dated 04.10.2016 as referred above on revision of the pension on higher wages despite applications received in this regard, by taking the plea that reference has been made by those offices to Head Office and that reply has not been received for the clarifications / guidelines sought from Head Office.
4. In this context, the following observations may be noted:
i) Payment of benefits to the members of the EPS-95 have to be regulated as per the provisions of the scheme and all concerned are required to comply with the said provisions.
ii) The manual for settlement of pension alongwith the module for calculation in the
software has already been circulated from time to time.
iii) Even prior to the Hon’ble Supreme Court order dated 04.10.2016 Pension cases on higher wages were being settled as per the scheme provisions by utilizing the existing software.
iv) IS Division has already clarified that the revision of pension on higher wages can be processed by utilizing the 10D special module.
v) No instructions can be kept aside for compliance only on the ground that reference has been made to Head Office for further clarification on assumption basis without attempting to comply those instructions practically. Moreover, the revision of cases as detailed out in Para 2 above clearly shows that many field offices are taking appropriate actions on the detailed order of the Hon’ble Supreme Court duly circulated by Head Office for compliance by utilizing the provisions already existing in the relevant software, whereas some offices are deliberately not taking any action to revise the pension claims to eligible members by taking one plea or the other.
vi) Field functionaries are expected to know the provisions of the Act and Scheme and comply accordingly.
vii) Most of the references made to Head Office are sent directly bypassing the Zonal Office and containing no recommendations / suggestions of RPFC-I and Addl.CPFC (Zone);
viii) Non-settlement of pension cases in respect of eligible members in light of the Supreme Court order dated 04.10.2016 has not only put the concerned members to inconvenience but may also amount to disobedience of instructions of Head Office for compliance of the order of the Hon’ble Apex Court.
5. Therefore, it is once again directed to take appropriate steps to revise the pension cases of all the eligible members as per the existing software and the provisions in the Pension Scheme. All references made to Head Office on modalities of revision of pension as per the Hon’ble Supreme Court order on the matter may be treated as disposed and Non est.
6. The number of grievances due to non-settlement of eligible cases is rising and it is made clear that the concerned RPFC-I / Incharge of the Region will be held responsible for denial / delay in settlement of such cases to eligible applicants. if any applicant is found not eligible for revision of pension as per Hon’ble Supreme Court order, the same must be conveyed to the applicant within seven days of receipt of such request.
7. All the reference made to the Head Office on the issue of revision of pension on higher wages are accordingly disposed of and in case any Field Office still requires any clarification/guideline, specific query may be forwarded through proper channel to the Head Office duly incorporating the observations/suggestion of RPFC-I/OIC and ACC Zone in this regard.
Yours faithfully,
R.M. Verma
Addi.Central P.F.Commissioner (Pension)
Copy to all Zonal Offices (Incharge of Zones) — for information with request to monitor the settlement of cases as referred above.
I am retired on 31/08/2012 at the age of 58 years. My pension is 2348/-Higher pension ke liye muje kiya karna chahiye. pl. suggest me.
presently i am drawing 2788/- pension p.m. i retired on 31.8.2018 after availing two years extension. what will be my increase pension as i was drawing salary of Rs.92000/-pm
I have retired from a Punjab State Govt. Undertaking. on 31.8.2018 after availing two years extension and i was drawing salary of Rs. 92,000/-(approx.) per month. i am working since 1979. Am i entitled to increased pension. i am now drawing presently Rs.2738/- pm as pension
Sir, my name is Raj Kumar. I served with Kaithal Central Coop. Bank ltd, Kaithal from june 1983, I have completed 58 years in Aug. 2018. My last salary i.e. basic+DA is 82404/- & average salary is 78639 for last 12 months. Kindly inform, whether I am eligible for higher pension as per SC judgement dated 04.10.2016, if yes how many pension will be calculated
Sir, My name is Raj Kumar. i worked with an un-exempted establishment from 1983 to 2018. I already completed my retirement age of 58 years in Aug.2018.My Bank share of full 12% deposited with EPFO as per norms.Am i eligible for higher pension based on my higher actual salary as per Hon’ble SC order? My last basic salary drawn was Rs.82404/pm.
Kindly advise.
PLEASE LET US KNOW THE PROCEDURE OF REVISE PENSION ON HIGHER SALARY OR FULL BASIC SALARY
SIR, MYSELF BAHADUR SINGH PUROHIT. MYSELF WAS EPF MEMBER FROM 1995 AUGUST TO APRIL’2016, MY LAST BASIC SALARY WAS 27500/- OUR EMPLOYER DEDUCTED PF CONTRIBUTION ON MY BASIC SALARY SAME HAD BEEN DEPOSITED REGULARLY TO EPF ACCOUNT. MY PENSION WEF JAN 2017 WAS 2268/- PER MONTH, LET US KNOW THE PROCEDURE FOR REVISE PENSION.
i worked in an exempted estt. from jan1991 to 9-06-2006.my basic salary was 5700/-(as on 09-06-2006).
please let me know whether i am eligible for higher pension.if yes than how much?.
Res sir ,Suprim court order must follow for remaing pensioners..Epfo manage from unpaid amounts of 3000cr…ref GSRTC EMPLOEES…Rgthakur…
Sir, My name is A run Roy Chowdhury. i worked with an unexempted establishment from 1993 to 2017. I already completed my retirement age of 58 years in 2018.My company’s share of full 12% deposited with EPFO from day one.Am i eligible for higher pension based on my higher actual salary as per Hon’ble SC order? My last basic salary drawn was Rs.72000/pm.
Kindly advise.
Sir,My name is P.Narsimharao worked in Apco co-op handlooms public sector, Hyderabad, and other companies from 1975 to may 2012, PF member from 1975. Last salary basic+Da was Rs. 45,136/-. Since then my pension is Rs. 2201/-.PF is managed by Trustee. Kindly inform whether I am eligible higher pension on as per SC judgement.
Sir,my name is Mukesh Gupta worked in U.P.S.R.T.C.Uttar predesh in AGRA unit.since 1976 to 2016 July at the time of retirement my basic plus DA was Rs/:13340 since then my pension is Rs/2539 i request you to kindly inform as iam elgible for higher pension
Exempted/non-exempted-remains to be clarified resultin in confusion to both pensioners as well as RPFC officials to proceed accordingly.
Exempted/non-exemted -who are eligible remains to be clarified and it is a confusion to both pensioners as well as officials of RPFC.
Sir,I am Gopalakrishna Panicker,served FCI from 1970 to 2009.Kindly inform whether i am eligible for higher epf pension as per the SC judgment.
Sir,
NAMASTE,
Will you kindly advise whether pensioners of ‘EXEMPTED ‘ categories alsocan approach respective EPFO offices for higher pension based on this letter?
Expecting your reply.
GOOD LUCK
T.R.MANI
sir, my name is D.srinivasacharya, worked in HMT Ltd.,hyderabad. in Public sector unit. since 1972 to 2011 november, at the time of retirement my basic plus DA was Rs.13000/- since then my pension is Rs.850/- i request you to kindly inform as iam elgible for higher pension.