Shatruhan Lal Soni v. Employees Provident Fund Organization Through Commissioner, Regional Office, Block-D, Scheme-32, Indira Gandhi

2. Employees Provident Fund Organization Through Commissioner, Regional Office, Block-D, Scheme-32, Indira Gandhi Commercial Complex, Pandri, Raipur, District : Raipur, Chhattisgarh Zila Sahkari Kendriya Bank Maryadit Bilaspur Through Chief Executive Officer, Bilaspur, District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner

: Mr. Abhishek Banjare on behalf of Mr. Basant Kaiwartya, Advocate For Respondent No.1 : Mr. Sunil Pillai, Advocate For Respondent No.2 : Mr. Jitendra Shrivastava, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 10/03/2023

Challenge in this writ petition is to the letter/order dated

25.02.2022 (Annexure P- 1) by which amount of pension which petitioner was receiving prior to date of issuance of Annexure P/1 is reduced from Rs.5,555/- to Rs.2,778/- per month.

Learned counsel for petitioner submits that this Court in WPS No.2358/2022 filed by similarly situated retired employees, set aside Annexure P-1 and directed to take further steps for payment of amount of pension to petitioner therein, after decision by Hon'ble Supreme Court, granting fair and reasonable opportunity of hearing to petitioner. He contended that petitioner is also entitled for similar relief. 2

Learned counsel for respondent No.1 submits that issue with regard to the amendment and modification made by Central Government to the Employees Pension Scheme 1995, pursuant to Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, came to be decided vide order dated 04.11.2022 and respondent No.1 will take appropriate decision with regard to claim of petitioner in accordance with observation made by Hon'ble Supreme Court in aforementioned decisions in Special Leave Petition No.8658- 8659 of 2019 (Employees Provident Fund Organization & Anr versus Sunil Kumar B. & Ors) and other connected matters. Pursuant to order passed by Hon'ble Supreme Court, respondent No.1 has also issued letter addressing all Additional Central Government Provident Fund Commissioners, Zonal Office and Regional Provident Fund Commissioner on 29.12.2022 directing for immediate implementation of order passed by Supreme Court. He further submits that petitioner be directed to submit fresh claim before respondent-authority in light of circular dated

29.12.2022 and it will be considered and decided in accordance with law at the earliest.

It is further contended that according to status of Online portal of department, the period for submission of option by eligible retired employees is shown till 3rd of May, 2023.

Heard learned counsel for the respective parties and perused documents placed on record. 3

Perusal of Annexure P-1 would reflect that amended order for payment of pension is made pending decision in Special Leave Petition No.8658-8659 of 2019. As submitted by counsel for respondent No.1, said special leave petition was disposed of by Supreme Court issuing certain directions to the respondents.

When specific query put to counsel for petitioner whether petitioner has submitted any option, he submits that at this stage he is not in a position to make specific submission in this regard.

Perusal of order of Supreme Court would show that Supreme Court has extended the time for submission of option by the employees, for a period of four months from the date of orders. There was a direction to Employees Provident Fund Organization to implement the directives within eight weeks. Order passed by Supreme Court is dated 04.11.2022.