MAHENDRA KUMAR SETHI Vs. EMPLOYEES PROVIDENT FUND

JUDGEMENT

(1.) The contention of the learned counsel for the appellant is that under the Employees Pension Scheme, 1995, 12% amount of the salary has to be deducted by the employee and contribution to the extent of 12% has to be made by the employer from the Employees' Fund. His contention is that out of 12%, only 8.33% has been deposited in the Pension Fund and 3.67% has been deposited in the Provident Fund and the employer has deducted 8.33% towards Pension Fund, and therefore, pension granted to the appellant / writ petitioner is less than his entitlement. It is also submitted that the appellant had deposited Rs.6,500.00 per month for contribution after the cut off date i.e. with effect from 08.10.2001, and therefore, they are entitled for the whole amount.

(2.) The learned Writ Court, relying on the decision in the case of Devendra Kumar Sharma and others Vs. Sant Ravi Das Madhya Pradesh Hastshilp Evam Hathkargha Vikas Nigam Limited and others Writ Petition No.3368/2014, dismissed the writ petition by holding that under the Pension Scheme, which provides that only the amount of Rs.6,500.00 can be deducted (maximum limit) from the salary of an employee, enabling him to receive pension under the Pension Scheme, 1995.

(3.) It is submitted by the learned counsel for the parties that thereafter the Honourable Supreme Court in Civil Appeals (C) No.10013-10014 of 2016 (R.C. Gupta and others Vs. Regional Provident Fund Commissioner Employees Provident Fund Organization and others) decided the issue by passing detail order dated 04.10.2016; relevant paragraphs No.4 to 12 read as under:-