KISHOR GIRIJASHANKAR UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition, the petitioners have prayed for setting aside the communication dtd. 1/5/2019 and a further direction that the respondents calculate the monthly pension of the petitioners by adopting the correct method of calculation in accordance with the provisions of the Employees' Provident Fund Scheme, 1995 and to pay to the petitioners the difference of monthly pension from September 2014 and continue to pay to the petitioners the arrears of the difference of monthly pension with interest at such rate as the Court may deem fit.

(2.) Facts in brief indicate that the petitioners are past and present employees of the GNFC, Bharuch. The petitioners are the members of the Employees' Pension Scheme,1995 ('EPS, 95' for short). The case of the petitioners is that all of them have rendered more than 25 years of service and are also members of the Employees Family Pension Scheme. The age of superannuation of the employees is 60 years whereas as per the scheme the exit is at the age of 58 years and therefore the petitioners are receiving the benefit of the EPS, 95 at the age of 58.

(3.) Mr A.K. Clerk, learned advocate for the petitioners in the context of the prayers made in the petition would submit that the petitioners are receiving pension but the amount of monthly pension is less than what it should be if the amount is correctly calculated. Mr. Clerk would set out the relevant paras namely paras 9 to 12 of the Pension Scheme and submit and demonstrate the flaws in the calculation of pension of each of the petitioners. For example, Mr. Clerk would illustrate the wrong calculation in the case of one Mr. H.P. Soni and submit as under: Shri H.P. Soni reached the age of 58 years on 30/8/2017 and his pension is fixed at Rs.2866.00 by the respondent whereas according to the correct calculation, it should be Rs.4373.00 (Loss of 34.5%).