Dear Mr. S.K Hota ,
Can you kindly advise how to elicit proper response from EPFO , Rohtak Haryana in my case. I have asked them the calculation sheet. But response is not there as is the case with Government Departments. I have now copied to Mr. Rajesh Bansal HQ , Additional PF commissioner.
Do I have to wait till May 2' 2019 judgement as Honble' SC may have to sit on judgement on another SLP filed by EPFO/Ministry of Labor.
Any advice Sir!
Regards
From India, Tiruchirappalli
15Can you kindly advise how to elicit proper response from EPFO , Rohtak Haryana in my case. I have asked them the calculation sheet. But response is not there as is the case with Government Departments. I have now copied to Mr. Rajesh Bansal HQ , Additional PF commissioner.
Do I have to wait till May 2' 2019 judgement as Honble' SC may have to sit on judgement on another SLP filed by EPFO/Ministry of Labor.
Any advice Sir!
Regards
From India, Tiruchirappalli
Dear Pensioners/ others too
I happened to see the EPFiGMS portal Grievance management Portal where you can lodge your grievances. May be this helps. It has provision in combo box for enhanced pensions! on lodging you get a prompt acknowledgement Number too.
https://epfigms.gov.in/Grievance/LodgeSuccessOthers
Regards
From India, Tiruchirappalli
I happened to see the EPFiGMS portal Grievance management Portal where you can lodge your grievances. May be this helps. It has provision in combo box for enhanced pensions! on lodging you get a prompt acknowledgement Number too.
https://epfigms.gov.in/Grievance/LodgeSuccessOthers
Regards
From India, Tiruchirappalli
Dear EPS 95 Pensioners, ( FOR ENHANCED PENSION AND ARREARS , impending Hon'ble SC verdict on 2.5.2019)
I am confident that Honble' Supreme court verdict expected on 2.5.2019 will bring in more clarity and reprieve to pensioners so that EPFO gives in. In this context I wish to submit to the Ld. Advocates who are fighting tooth and nail for our cause to kindly ensure in their petitions/arguments including but not limited to the following requests:
1.Exempted/un-exempted organisations are on same platform
2.Clear cut ruling as to people who retired on or before 1.9.2014 are covered for enhanced pension
3.The differential amount payable to EPFO is without interest specifically( taking cue from MP, Indore High Court Order). If interest is included then it should not be more than 6% which Madras High court has observed on simple interest basis.
4.If the amount due from Pensioner is less than arrears, then EPFO should adjust the amount due from Pensioner and pay the net amount to pensioner. This will ease the hassle of recovery and paying which will create problem for the pensioners at their concluding part of their lives!.
5.If the amount of differential is more than the arrears dues then EPFO should call for the net amount from Pensioners.
4.EPFO should send the calculation sheet to pensioners of EPS95 for necessary compliance within a month of the order.
5. Effective date of payment of arrears from EPFO should be made clear
6.Effective date of enhanced pension should be within 3 months from the date of the order.
7.Minimum amount of Pension to EPS95
7.Minimum Pension should be considered at Rs.10000/- or pension whichever is higher and should be linked with DA etc every year.
I do hope I have covered the points of concern of EPS 95 Pensioners.If any issue is left out kindly add them in comments for our Ld Advocates to consider in their arguments.
Thanks and regards
T S Narasimhan.
From India, Tiruchirappalli
I am confident that Honble' Supreme court verdict expected on 2.5.2019 will bring in more clarity and reprieve to pensioners so that EPFO gives in. In this context I wish to submit to the Ld. Advocates who are fighting tooth and nail for our cause to kindly ensure in their petitions/arguments including but not limited to the following requests:
1.Exempted/un-exempted organisations are on same platform
2.Clear cut ruling as to people who retired on or before 1.9.2014 are covered for enhanced pension
3.The differential amount payable to EPFO is without interest specifically( taking cue from MP, Indore High Court Order). If interest is included then it should not be more than 6% which Madras High court has observed on simple interest basis.
4.If the amount due from Pensioner is less than arrears, then EPFO should adjust the amount due from Pensioner and pay the net amount to pensioner. This will ease the hassle of recovery and paying which will create problem for the pensioners at their concluding part of their lives!.
5.If the amount of differential is more than the arrears dues then EPFO should call for the net amount from Pensioners.
4.EPFO should send the calculation sheet to pensioners of EPS95 for necessary compliance within a month of the order.
5. Effective date of payment of arrears from EPFO should be made clear
6.Effective date of enhanced pension should be within 3 months from the date of the order.
7.Minimum amount of Pension to EPS95
7.Minimum Pension should be considered at Rs.10000/- or pension whichever is higher and should be linked with DA etc every year.
I do hope I have covered the points of concern of EPS 95 Pensioners.If any issue is left out kindly add them in comments for our Ld Advocates to consider in their arguments.
Thanks and regards
T S Narasimhan.
From India, Tiruchirappalli
Thanks, my suggestions for issues to be taken up by advocates arguing the case:
1. EPFO should pro-actively calculate the arrears, eligible pension amount on clearing the difference if any & eligible date of commencement of arrears, without waiting for any application from pensioners/subscribers, because EPFO has all the records of subscribers with them, no need for subscribers to provide any details, EPFO has been using this ploy to delay action.
2. Pension order should be issued immediately with detailed calculation, EPFO has been very opaque , pension order should also mention survivor pension amount.
How are these advocates compensated, I am prepared to contribute & probably this forum can act as a catalyst for fund collection if required. I was under the impression that SC's judgement of 02/04/19 reported in TOI dated 03/04/19 is the final word (I have attached TOI report), but so far I have not been able to get a copy of SC order, any one who has a copy pl. post. Any way what are the issues for 25/04/19 expected order?
From India, Thane
1. EPFO should pro-actively calculate the arrears, eligible pension amount on clearing the difference if any & eligible date of commencement of arrears, without waiting for any application from pensioners/subscribers, because EPFO has all the records of subscribers with them, no need for subscribers to provide any details, EPFO has been using this ploy to delay action.
2. Pension order should be issued immediately with detailed calculation, EPFO has been very opaque , pension order should also mention survivor pension amount.
How are these advocates compensated, I am prepared to contribute & probably this forum can act as a catalyst for fund collection if required. I was under the impression that SC's judgement of 02/04/19 reported in TOI dated 03/04/19 is the final word (I have attached TOI report), but so far I have not been able to get a copy of SC order, any one who has a copy pl. post. Any way what are the issues for 25/04/19 expected order?
From India, Thane
Dear Mr Raghavant
A nice suggestion indeed on hiring of legal counsel! But whether it is possible now? only Legal luminary can advise.
Supreme Court order 1.4.2019
It was a brief and concise order on 1.4.19.
For your kind information Supreme court order ratifying Kerala High Court order of October 2018 and dismissing the SLP of EPFO very brief and concise. Following is the copy for your kind information.
SLP D.9610/19
1
ITEM NO.33 COURT NO.1 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No.9610/2019
(Arising out of impugned final judgment and order dated 12-10-2018 in WPC No. 602/2015 12-10-2018 in WPC No.13120/2015 passed by the High Court of Kerala at Ernakulam)
THE EMPLOYEES PROVIDENT FUND ORGANISATION & ANR. Petitioner(s)
VERSUS
SUNIL KUMAR B & ORS. Respondent(s)
(With appln.(s) for c/delay in filing SLP, exemption from filing c/c of the impugned judgment and interim relief)
Date : 01-04-2019 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE SANJIV KHANNA
For Petitioner(s) Mr. Keshav Mohan, Adv.
Mr. Prashant Kumar, Adv. Mr. Rishi K. Awasthi, Adv. Mr. Santosh Kumar - I, AOR
For Respondent(s) Mr. Nishe Rajen Shonker, AOR
Mr. Anu K. Joy, Adv. Mr. Alam Anvar, Adv.
Dr. K.P. Kylasanatha Pillay, Sr. Adv. Mr. A. Venayagam Balan, AOR Mr. V.S. Lakshmi, Adv.
Mr. Roy Abraham, Adv. Ms. Seema Jain, Adv. Mr. Himinder Lal, Adv.
Mr. E.M.S. Anam, Adv.
Signature Not Verified Digitally CHETAN signed KUMAR by UPON hearing the counsel the Court made the following Date: 19:08:45 2019.04.01 IST Reason:
O R D E R
Heard learned counsel for the petitioners and
perused the relevant material.
WWW.LIVELAW.IN
WWW.LIVELAW.IN
SLP D.9610/19
2
Delay condoned.
We find no merit in the special leave petition. The
same is, accordingly, dismissed.
Pending application(s), if any, stand disposed of.
(Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master
--------------------------------------------------------------------------------------------------------
2.5.2019
The issues coming up for hearing and verdict are perhaps a review sought for by EPFO, Exempt and non exempt organisation clarity, possibly on differential payments , interest etc etc .I got it from other social media. There is a contempt petition against EPFO which will also be heard on 2.5.2019. Might bring long awaited reprieve.
Regards
From India, Tiruchirappalli
A nice suggestion indeed on hiring of legal counsel! But whether it is possible now? only Legal luminary can advise.
Supreme Court order 1.4.2019
It was a brief and concise order on 1.4.19.
For your kind information Supreme court order ratifying Kerala High Court order of October 2018 and dismissing the SLP of EPFO very brief and concise. Following is the copy for your kind information.
SLP D.9610/19
1
ITEM NO.33 COURT NO.1 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No.9610/2019
(Arising out of impugned final judgment and order dated 12-10-2018 in WPC No. 602/2015 12-10-2018 in WPC No.13120/2015 passed by the High Court of Kerala at Ernakulam)
THE EMPLOYEES PROVIDENT FUND ORGANISATION & ANR. Petitioner(s)
VERSUS
SUNIL KUMAR B & ORS. Respondent(s)
(With appln.(s) for c/delay in filing SLP, exemption from filing c/c of the impugned judgment and interim relief)
Date : 01-04-2019 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE SANJIV KHANNA
For Petitioner(s) Mr. Keshav Mohan, Adv.
Mr. Prashant Kumar, Adv. Mr. Rishi K. Awasthi, Adv. Mr. Santosh Kumar - I, AOR
For Respondent(s) Mr. Nishe Rajen Shonker, AOR
Mr. Anu K. Joy, Adv. Mr. Alam Anvar, Adv.
Dr. K.P. Kylasanatha Pillay, Sr. Adv. Mr. A. Venayagam Balan, AOR Mr. V.S. Lakshmi, Adv.
Mr. Roy Abraham, Adv. Ms. Seema Jain, Adv. Mr. Himinder Lal, Adv.
Mr. E.M.S. Anam, Adv.
Signature Not Verified Digitally CHETAN signed KUMAR by UPON hearing the counsel the Court made the following Date: 19:08:45 2019.04.01 IST Reason:
O R D E R
Heard learned counsel for the petitioners and
perused the relevant material.
WWW.LIVELAW.IN
WWW.LIVELAW.IN
SLP D.9610/19
2
Delay condoned.
We find no merit in the special leave petition. The
same is, accordingly, dismissed.
Pending application(s), if any, stand disposed of.
(Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master
--------------------------------------------------------------------------------------------------------
2.5.2019
The issues coming up for hearing and verdict are perhaps a review sought for by EPFO, Exempt and non exempt organisation clarity, possibly on differential payments , interest etc etc .I got it from other social media. There is a contempt petition against EPFO which will also be heard on 2.5.2019. Might bring long awaited reprieve.
Regards
From India, Tiruchirappalli
Dear Mr. Narasimhan & Mr. T.K.Madhu,
1.With regard to interest charged by EPFO over differential Pension contribution,I am to clarify that our RPFC office(Viz, Bhubaneswar) has furnished the detail calculation sheet of differential amt with interest from 1995 to till date of deposit of refund to each Pensioners .From the said calculationsheet it is clear that they have charged interest on every month @ Interest declared by EPFO for each year e.g.@12% from Dec’96 toJun,2000,@11@ from jul,2000 to Mar’01,@9.5% fromApri’01 to Mar’05,@8.5% from Apr’05 to Mar’10,@9.5% fromApr’10 to Mar’11,@8.25% from Apr’11 to Mar’12,@8.5% from Mar’12 to Mar’13,@ 8.75% fro Apr’13 to Mar’15,@ 8.80 From Apr’15 to Mar’16,@8.65% from Apr’16 to Mar’17,@8.55% from Apr’17 to Mar’19.Although I have been drawing pension from 1.7.13 onwards(i.e. after retirement),EPFO has not charged interest @ 6% on my diferential amount.As I have already deposited the refund amt with interest as calculated by EPFO,let me first see how much arrear pension they are giving me,then ,if they will not pay interest over my arrear pension from 1/7/13 till release of the same,then I will write to them to pay me the interst at EPFO declared rate.I don’t find any logic/justification in not allowing the interest to me on arrear pension,when they have taken interest at said rate from me on monthly rest basis from 1/7/13 till Mar'19.
2.With regard to elicit response from PF authority,I have been representing my case to concerned RPFO with copy to Zonal Addnl CPFC ,APFC(Pen),HQ,EPFO,Delhi & CPFC,HQ,EPFO,Delhi & sending reminders to them every 10 to 15 days interval subsequently by email only.Of course it will take some months.
3.Let us see what verdict SC gives on 2/5/19
Regards,
S.K.Hota
Bhubaneswar(Odisha)
From India, Calcutta
1.With regard to interest charged by EPFO over differential Pension contribution,I am to clarify that our RPFC office(Viz, Bhubaneswar) has furnished the detail calculation sheet of differential amt with interest from 1995 to till date of deposit of refund to each Pensioners .From the said calculationsheet it is clear that they have charged interest on every month @ Interest declared by EPFO for each year e.g.@12% from Dec’96 toJun,2000,@11@ from jul,2000 to Mar’01,@9.5% fromApri’01 to Mar’05,@8.5% from Apr’05 to Mar’10,@9.5% fromApr’10 to Mar’11,@8.25% from Apr’11 to Mar’12,@8.5% from Mar’12 to Mar’13,@ 8.75% fro Apr’13 to Mar’15,@ 8.80 From Apr’15 to Mar’16,@8.65% from Apr’16 to Mar’17,@8.55% from Apr’17 to Mar’19.Although I have been drawing pension from 1.7.13 onwards(i.e. after retirement),EPFO has not charged interest @ 6% on my diferential amount.As I have already deposited the refund amt with interest as calculated by EPFO,let me first see how much arrear pension they are giving me,then ,if they will not pay interest over my arrear pension from 1/7/13 till release of the same,then I will write to them to pay me the interst at EPFO declared rate.I don’t find any logic/justification in not allowing the interest to me on arrear pension,when they have taken interest at said rate from me on monthly rest basis from 1/7/13 till Mar'19.
2.With regard to elicit response from PF authority,I have been representing my case to concerned RPFO with copy to Zonal Addnl CPFC ,APFC(Pen),HQ,EPFO,Delhi & CPFC,HQ,EPFO,Delhi & sending reminders to them every 10 to 15 days interval subsequently by email only.Of course it will take some months.
3.Let us see what verdict SC gives on 2/5/19
Regards,
S.K.Hota
Bhubaneswar(Odisha)
From India, Calcutta
Thanks so much Mr.S.K.Hota So nice of you for detailed reply. As I am overseas in Europe I Could not write in detail promptly. Regards
From India, Tiruchirappalli
From India, Tiruchirappalli
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PF guidleines for Pension fund.pdf