Today Team AIGETOA discussed with Sr GM (CA) and earlier with PGM Estt and requested for issuance of letter for calling of options for higher pension from EPF account holders of BSNL. We explained the need for keeping everything ready as window given by EPFO shall be very small and that should not be missed under any circumstances.
Management agreed with our view and shall start the process expeditiously.
AIGETOA writes to Director HR BSNL Board for kind and immediate attention is sought towards the allowing of EPF Full pension option under EPS Scheme which is already have national importance on social security measure of employees who are under EPF/EPS Scheme.
Hon’ble Supreme Court of India has delivered the verdict on EPF Pension case after hearing the applicants and the review petitions filed by EPFO & GOI challenging the Hon HC verdicts from Kerala, Rajasthan, Delhi etc. As already aware team AIGETOA is closely involved in EPFO Full Pension Case for entire BSNL Recruited Employees, who are willing to opt the scheme. AIGETOA Kerala Team had already won the case of EPF Full Pension Scheme against EPFO in Hon’ble High Court of Kerala on 25th Feb, 2019 in WP(C) No 39855/2017, 41071/17 & 3001/18 in line with WP(C) 13120/2015 judgement and other cases won by different applicants in the Hon’ble HC, Kerala. The order of Full Pension Scheme pronounced by the Hon’ble HC Kerala was challenged by EPFO through Special Leave Petition (Civil) in the Hon’ble SC vide Diary No 9610/2019. This SLP of the EPFO was dismissed by the Hon’ble Supreme Court on 01.04.2019. After dismissal of the SLP, the EPFO moved Review Petitions in the Hon’ble Supreme Court, which was pending before the Hon’ble Apex Court. Due to the collective efforts of various applicants and their counsels spread across the country the cases were heard in detail which supported EPF members rights and the judgment is delivered.
Now by utilising the powers exercised in Article-142 of the constitution, Hon Supreme Court has extended the cut off date for allowing the existing members of EPS scheme for the eligibility for Full pension. It is learnt that with this judgment, the Cut off date imposed in EPFO amendment in 2014 is not acceptable and the member can opt for the pension scheme without such cut-off date. The members of EPS scheme who were eligible right through 11(3) option who desire to get the full pension will have the continued right to do so by exercising the option as mentioned in 11(4). The time to exercise option extended for a further period of Four months. Hon’ble SC also observed that the additional contribution (1.16%) as envisaged in 2014 scheme, on the salary exceeding the limit (Rs 15000/- now) to be ultra vires (this portion suspended for six months to enable EPFO to make adjustments/provisions by EPFO). At the same time the basis of calculation for pensionable salary (60 months average) is not altered.
AIGETOA has always been in forefront of pursuing for the cause of executives. It was AIGETOA which made BSNL realize their mistakes and pursued for correction in the system. AIGETOA and it’s team fought for streamlining the system and forced BSNL to not to recover penalties from employees. All may recall that with continued persuasion from AIGETOA during 2016-2017 , BSNL Corporate office had issued letter vide Letter no NO: 500-85/CA II/BSNL/EPF/2013/Vol VI Dated 30.03.2017 for collection of options from the employee who desired to opt for full pension . Further since the matter was placed before Hon Court , the same was pending. AIGETOA team filed a separate case to get the relief as the case by NCOA was for exempted which had their own trust like NTPC etc. which had potential to rejected also and would have jeopardized the case of BSNL employees which was a non exempted organization where accounts are being maintained by EPFO directly. Our Team won the case at High Court Kerala.
Now AIGETOA will once again reach out to respected CMD BSNL, Dir (HR) and concerned section, to re-start the proceedings afresh and take necessary measures for final submission of all joint forms to respective EPFOs in order to give the relief to all BSNL recruits who desire to get the social security through the enhanced pension in line with the verdict of Hon’ble Apex Court today. Further all employees falling under EPF scheme are advised to ascertain from respective BSNL offices that their date of joining in the service remains updated in the EPF ledger as due to transfers of account from one place to another, discrepancies may occur.
Flash News :
Efforts of TEAM AIGETOA finally paid it’s dividend with Honble Supreme Court upholding the verdict of Honble Kerala HC for full pension eligibility. The case of members from Kerala was also tagged in the main case and finally the efforts lead by CS AIGETOA Shri Shaheer and ACS AIGETOA Shri Ansal and his team members have got huge benefit for all the BSNL Recruits. Now all the BRs will have the option to exercise full pension option.
The options as per clause 11(4) will have to be called within four month’s. The average of 12 months Basic + DA is not accepted which is kept as average of 60 months
Kudos to Team AIGETOA Kerala for the marvellous feat.
It is observed that nomination forms of many employees & Officers are not entered in their Service Book & ERP. During any mishappening with the employee, families get unnecessary trouble for the payment.
It is requested to all who has not submitted their nomination form till now to submit it immediately in two copies to their concerned admin Section and get entry both in Service book & ERP.
Details of Nomination Form are given below
1) Form-3 : Details of Family (All Employees). Click here
2) Form-1 : Nomination of Death-cum-Retirement Gratuity (All Employees). Click here
3) Form-5 : GSLI (all Employees). Click here
4) Form of Nomination – GPF (Only Absorbed/Un-absorbed Employees). Click here
5) SAB Nomination – BSNL Employees Superannuation Pension Scheme (BSNL Recruited). Click here
6) Submit Online Nomination on EPEO website & submit Print (For BSNL Recruited). Click here
The Employee Provident Fund Organisation has asked all subscribers to use e-nomination facility to nominate family members with Aadhaar IDs.
Facility can be availed by EPF members if their mobile number was linked with their Universal Account Number (UAN) and if Aadhaar verification was completed.
All BSNL Recruited employees (Executives as well as Non Executives) are kind requested to fill the E-nomination for EPF online. It is a very mandatory requirement for safe future of our family in terms of EPF amount and pension.
It is a very simple work, one need to have following things with him/her while filling E-nomination.
The Employees’ Provident Fund Organisation (EPFO) is likely to credit 8.5% Employees’ Provident Fund (EPF) interest for its six crore subscribers by the end of July for the financial year 2020-21. Earlier, in March this year, the EPFO kept the interest rate unchanged at 8.5% for the current financial year as there were more withdrawals than deposits during this period.
Hon SC bench observed to consider whether to give a conclusion or to refer the issue to a larger ( 3 ) bench and accordingly may pass the order by 24th August 2021. The Hon Court also observed that they cannot ignore or check the question of correctness of ruling by a coordinate bench. The distinction between exempted organisations and unexempted. organisations also came for discussion today.
The Hon’ble SC yesterday heard the arguments of EPFO against the decision of Hon HC Kerala judgement and other connected orders which quashed the EPS(amendment)-2014. Hon HC Kerala earlier set aside the EPFO amendment by judgement 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 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 country. The final judgement 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 where as neither that association nor it’s member (other than those who joined the EPF case along with AIGETOA Kerala) are 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 EPF full Pension option. Anyways, we are happy to see that they have understood the need of legal fight on this matter. It is also pertinent to mention that they are masters in credit mongering especially when it comes to benefits of BSNL Recruit’s without any actual ground work. The same type of elements had mislead the SAB Pension Vs EPF till AIGETOA opened the reality i.e. both are different. If the Rule-37A Clause 23 as envisaged at time of incorporation of BSNL then SAB would have effected from 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 legal fight for EPF Full Pension and average Salary condition to 12 month’s 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.
