Payment of Pension on higher wages - delay in implementation of Hon'ble Supreme Court Order: EPFO
EPFO
EMPLOYEES' PROVIDENT FUND ORGANISATION
(Ministry of Labour & Employment, Govt. of India)
Head Office
Bhavishya Nidhi Bhawan, 14, Bhikaiji Came Place, New Delhi - 110 066
No: ACC/HQ/Pension/Distribution of work/3896
Dated: 08 JUN 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.
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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
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)
Addl.Central P.F.Commissioner (Pension)
Source:
https://www.epfindia.gov.in