MUKTA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition the petitioner, who retired as Assistant Teacher from minority school undisputedly covered by the Employees ' Pension Scheme on 31.12.2001, is aggrieved on account of non -release of her pension besides on account of nonpayment of provident fund amount for the period March, 1998 to July, 2001.

(2.) LEARNED counsel for the Regional Provident Fund Commissioner has submitted that the remaining amount of provident fund of Rs. 14,710/ - has been paid to the petitioner vide cheque no. 716059 dated 28.3.2003. As regards pension, learned counsel with reference to the counter affidavit filed on behalf of the Regional Provident Fund Commissioner and Assistant Provident Fund Commissioner (respondents no. 2 and 3) has submitted that the same is being, paid to the petitioner @ Rs. 265/ - vide Annexure 4. As per claim of the petitioner, the petitioner is entitled to minimum pension amount of Rs. 600/ - per month on the basis of the provisions laid down in paragraph 12 sub clause (a) of the Employees ' Pension Scheme, 1995 (Annexure 3).

(3.) YESTERDAY the matter was passed over to enable the learned counsel to seek further instructions so that the Provident Fund Commissioner may rectify his error, if any. But on receipt of instruction, learned counsel for the Provident Fund Commissioner submitted that the Regional Provident Fund Commissioner is bound by the clarification issued by the Ministry of Labour, Government of India. However, learned counsel for the respondent submitted that the Ministry of Labour vide its letter dated 10th May, 1999, contained in Annexure 'B ' to the counter affidavit, issued clarification regarding Paragraph 12 of the Employees ' Pension Scheme, 1995 and according to the said clarification the petitioner is entitled to get pension only @ 265/ - per month.