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18 Aug Articles

Update On EPF Full Pension Case

The Hon’ble SC yesterday heard the arguments of EPFO against the decision of Hon HC Kerala judgment and other connected orders which quashed the EPS(amendment)-2014. Hon HC Kerala earlier set aside the EPFO amendment by judgment in 2018 and declared that all the EPF covered employees shall be entitled to exercise the higher pension option without being restricted to a particular date and allowed the 12-month average salary condition instead of 5 years. In April-2019 Hon SC had dismissed the SLP by EPFO against Hon HC Kerala and later in January-2021 a three bench judge recalled the dismissal order in the review petitions filed by EPFO and posted for hearing- which is happening now along with various connected petitions across the country. The final judgment arose on WPC 13120/2015 from Hon’ble HC, Kerala. AIGETOA Kerala Circle Secretary along with 504 BSNL recruits including executives and non Executives are connected with the order on WPC 13120/2015 against which the arguments are happening now.

Click here for a summary document of various Hon Court proceeds and part of order copy

This being the factual information, it is seen that some informational claims started propagation whereas neither that association nor its member (other than those who joined the EPF case along with AIGETOA Kerala) is not even a party to this legal fight. Let’s not forget that this particular association’s negative followers were very much vocal against reaching to Hon Court when our team decided to seek legal remedies for the EPF full Pension option. Anyway, we are happy to see that they have understood the need for a legal fight on this matter. It is also pertinent to mention that they are masters in credit mongering especially when it comes to the benefits of BSNL Recruits without any actual groundwork. The same type of elements had misled the SAB Pension Vs EPF till AIGETOA opened the reality i.e. both are different. If the Rule-37A Clause 23 as envisaged at the time of incorporation of BSNL then SAB would have effected from the date of joining of BSNL recruits, then the story would have been different. From this aspect itself it was known that they were not at all interested in realizing the due rights of BSNL recruits. Let’s hope that the legal fight for EPF Full Pension and the average salary condition to 12 months will be upheld by Hon SC also to help the people who are not protected by the Government statutory Pension. The arguments will continue today.