(1.) These petitions arise in common background and would be disposed of by this common judgment. For convenience, facts may be noted from W.P. (C) No.972 of 2019. Petitioner had entered the service of Tripura Scheduled Castes and Scheduled Tribes Cooperative Development Corporation Limited, a Government constituted Corporation as UDC in the year 1991. As per the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter to be referred to as 'the said Act') in due course of time he became the member of the provident fund. Over a period time he and his employer went on making statutory contributions to the said fund. He is due to retire on superannuation in the year 2024. He has challenged a communication dated 17.06.2019 issued by the Regional Provident Fund Commissioner, Employees' Provident Fund Organization under which his request for granting pension under the Employees' Pension Scheme framed under the said Act on the basis of his actual salary came to be rejected.
(2.) He had made a representation to the Provident Fund Commissioner on 12.06.2019. He contended that he used to make contribution to the provident fund @ 12% on the maximum ceiling of pay of Rs.15,000/- per month but with effect from 01.10.2018 he has been allowed to contribute @ 12% on his actual salary i.e. basic pay + dearness allowance. He, therefore, made following request:
(3.) This request of the petitioner was rejected by the Regional Provident Fund Commissioner by impugned communication dated 17.06.2019, which reads as under: